ENFORCEMENT RULE OF THE SEAFARERS ACT (이 영문법령은 해양수산부에서 제공하였습니다.)
Wholly Amended by Ordinance Of the Oceans and Fisheries No. 830, Dec. 20, 1985
Amended by Ordinance Of the Oceans and Fisheries No. 871, Dec. 7, 1987
Ordinance Of the Oceans and Fisheries No. 891, Nov. 8, 1988
Ordinance Of the Oceans and Fisheries No. 917, Jan. 3, 1990
Ordinance Of the Oceans and Fisheries No. 946, Feb. 22, 1991
Ordinance Of the Oceans and Fisheries No. 10, Jul. 31, 1993
Ordinance Of the Oceans and Fisheries No. 64, Apr. 22, 1996
Ordinance Of the Oceans and Fisheries No. 36, Dec. 15, 1997
Ordinance Of the Oceans and Fisheries No. 70, Sep. 5, 1998
Ordinance Of the Oceans and Fisheries No. 109, Mar. 24, 1999
Ordinance Of the Oceans and Fisheries No. 123, jun. 24, 1999
Ordinance Of the Oceans and Fisheries No. 133, Aug. 24, 1999
Ordinance Of the Oceans and Fisheries No. 141, Sep. 16, 1999
Ordinance Of the Oceans and Fisheries No. 160, Mar. 8, 2000
Ordinance Of the Oceans and Fisheries No. 197, Jul. 26, 2001
Ordinance Of the Oceans and Fisheries No. 222, jun. 11, 2002
Ordinance Of the Oceans and Fisheries No. 277, Aug. 7, 2004
Ordinance Of the Oceans and Fisheries No. 312, Oct. 17, 2005
Ordinance Of the Oceans and Fisheries No. 367, Apr. 13, 2007
Ordinance Of the Oceans and Fisheries No. 381, Aug. 17, 2007
Ordinance Of the Oceans and Fisheries No. 390, Nov. 23, 2007
Ordinance Of the Oceans and Fisheries No. 408, Feb. 4, 2008
Ordinance Of the Oceans and Fisheries No. 4, Mar. 14, 2008
Ordinance Of the Oceans and Fisheries No. 4, Mar. 31, 2008
Ordinance Of the Oceans and Fisheries No. 45, Aug. 28, 2008
Ordinance Of the Oceans and Fisheries No. 80, Dec. 19, 2008
Ordinance Of the Oceans and Fisheries No. 89, Dec. 31, 2008
Ordinance Of the Oceans and Fisheries No. 132, May 25, 2009
Ordinance Of the Oceans and Fisheries No. 147, Jul. 1, 2009
Ordinance Of the Oceans and Fisheries No. 345, Apr. 1, 2011
Ordinance Of the Oceans and Fisheries No. 350, Apr. 11, 2011
Ordinance Of the Oceans and Fisheries No. 465, May 18, 2012
Ordinance Of the Oceans and Fisheries No. 1, Mar. 24, 2013
Ordinance Of the Oceans and Fisheries No. 63, Dec. 30, 2013
Ordinance Of the Oceans and Fisheries No. 65, Jan. 8, 2014
Ordinance Of the Oceans and Fisheries No. 99, Sep. 19, 2014
Ordinance Of the Oceans and Fisheries No. 110, Nov. 19, 2014
Ordinance Of the Oceans and Fisheries No. 127, Dec. 31, 2014
Ordinance Of the Oceans and Fisheries No. 131, Jan. 6, 2015
Ordinance Of the Oceans and Fisheries No. 148, Jul. 7, 2015
Ordinance Of the Oceans and Fisheries No. 183, Jan. 13, 2016
CHAPTER I GENERAL PROVISION
The purpose of this Rule is to provide matters entrusted by the Seafarers' Act and the Enforcement Decree thereof and those necessary for their enforcement. <Amended on Oct. 17, 2005>
| Article 1-2(Sailing Waters of Seagoing Ship) |
The term "waters prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in sub-paragraph 9 of Article 2 of the Seafarers' Act(hereinafter referred to as "the Act") means the waters within the territory under Article 1 of the Territorial Sea and Contiguous Zone Act. <Amended on Mar. 24, 2013>
[This Article newly introduced on May 18, 2012]
| Article 2(Fishing Vessel Excluded from Application) |
In Article 3 (1) 3 of the Act, the term "a fishing vessel of less than 20 gross tonnage pertaining to the ships prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" means a vessel(including a fish transporting vessel) of less than 20 gross tonnage and that engages in fishing near coastal water area under Regulation 2 (1) 3 (a) of the Enforcement Decree of the Ship Safety Act(hereinafter referred to as "near coastal water area"), in the coastal waters under the main sentence of Regulation 2 (1) 3 (b) of the Enforcement Decree of the same Act(hereinafter referred to as "coastal waters"), or the near continental waters under Article 15 (4) of the Enforcement Ordinance of the same Act(hereinafter referred to as "near continental waters"). <Amended on Nov. 8, 1988; Dec. 15, 1997; Sep. 5, 1998; Mar. 24, 1999; Oct. 17, 2005; Nov. 23, 2007; Mar. 14, 2008; May 18, 2012; Mar. 24, 2013; and Jul. 7, 2015>
| Article 3(Scope of Application of Trainees) |
| (1) | Pursuant to Article 3 (2) of the Act, a person who goes onboard for on-board training for the purpose of becoming a seafarer shall be applied to the following sub- paragraphs: <Amended on Feb. 22, 1991; Jul. 31, 1993; Mar. 24, 1999; Jun. 24, 1999; Oct. 17, 2005; Aug. 28, 2008; and May 18, 2012> |
| 1. | Provisions of maintaining order on a ship under Articles 22 and 25 of the Act; |
| 2. | Provisions relating to repatriation, taking out repatriation insurance, a seafarers’ list, seafarer's book, seafarer’s identity document and certificate of seagoing service of Article 38, Article 40 and Articles 44 through 51 of the Act; |
| 3. | Provisions relating to provision of meals, cost for providing meals and medical certificate in accordance with Article 76(excluding paragraph (2)), Article 77 and Article 87 of the Act; |
| 4. | Provisions relating to young seafarers and women seafarers in accordance with Chapter Ⅸ(from Articles 90 through 93 of the Act); |
| 5. | Provisions relating to accident compensation in accordance with Chapter Ⅹ(from Articles 94 through 106 of the Act); and |
| 6. | Provisions relating to education and training in accordance with Article 116 of the Act. |
| (2) | In applying paragraph (1) 5, ordinary wages and average onboard wages for seafarers on a ship for on-board training shall be 70/100 of the ordinary wages and average boarding wages of seafarers whose class is the same as the trainees will be appointed upon the training course. <Newly Introduced on Feb. 22, 1991> |
| Article 3-2 Deleted. <Feb. 22, 1991> |
CHAPTER II DUTIES AND AUTHORITY OF MASTER
| Article 4(Inspection or Check before Departure from Port) |
| (1) | A master shall prepare a checklist to inspect or check and conduct inspection and checking in accordance with Article 7 (1) of the Act. |
| (2) | The term "matters prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Article 7 (1) 4 of the Act means each of the following sub-paragraphs: |
| 1. | Appropriateness of a sailing route and passage plan; |
| 2. | Information on meteorological and sea conditions relating to Navigation of Ship; |
| 3. | Muster list and seafarers' familiarization about their duty in case of emergency pursuant to Article 15 of the Act; and |
| 4. | Other matters deemed necessary for safe operation of a ship by a master. |
[This Article newly introduced on Jul. 7, 2015]
| Article 4-2(Direct Command of Master) |
The term "cases prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Article 9 (1) 4 of the Act means any of the following sub-paragraphs:
| 1. | Where there is a risk of a ship's running aground or colliding with another ship due to remarkably restricted visibility caused by fog, snow or rainstorm, etc.; |
| 2. | Where maintaining a ship's course is difficult due to sea current, tidal current, or strong wind, etc; |
| 3. | Where a ship encounters a group of fishing vessels, while ar sea, or there is a remarkable increase in traffic on the route on which a ship is navigating; or |
| 4. | Where a ship is not likely to be operated under normal conditions, including malfunction of the equipment for the safe operation of a ship, etc. |
[This Article Newly Introduced on Jul. 7, 2015]
| Article 5(Limitation of Rescue Obligation on Wrecked Ship, etc) |
| (1) | The term "cases where a ship under his/her command is in critical danger, etc." provided in the proviso of Article 13 of the Act means any of the following sub- paragraphs: <Amended on Dec. 15, 1997; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| 1. | Where there is a notification that a rescue is not necessary from a ship at a place of distress; |
| 2. | Where a rescue is not possible due to an unavoidable reason or deemed not necessary, when a ship approaches to a place of distress; |
| 3. | Where going to a place of distress is impossible due to an unavoidable cause or a rescue is deemed improper due to other reasons; or |
| 4. | Where there is an imminent danger on the ship that is commanded by the master. |
| (2) | In case that a master does not perform a rescue operation pursuant to paragraphs (1) 2 through (1) 4, he/she shall notify another ship adjacent to the ship in distress or airplane in distress of the intention thereof. Where deemed that a rescue by another ship is not likely, he/she shall make the notification of the fact to a head of a coast guard office. <Amended on Dec. 15, 1997; May 18, 2012; and Nov. 19, 2014> |
[Title amended on May 18, 2012]
| Article 6(Notification of Abnormal Weather Conditions, etc) |
| (1) | The term "a ship prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in the main sentence of Article 14 of the Act means a ship that is equipped with radio telegraph or radio telephone. <Amended on Dec. 15, 1997; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| (2) | Matters that shall be notified to another ship adjacent to a master’s and to a head of a coast guard office, pursuant to the main sentence of Article 14 of the Act are shown in Attached Table 1. <Amended on Dec. 15, 1997; May 18, 2012; and Nov. 19, 2014> |
[Title amended on May 18, 2012]
| Article 7(Emergency Drill on Ship) |
| (1) | Deleted. <Jul. 7, 2015> |
| (2) | Emergency drills, including fire drills, survival craft and rescue boats drills, etc. pursuant to Article 15 (1) of the Act shall be conducted monthly on a designated day by a master. In case of a passenger ship, those drills shall be performed every 10 days(every seven days for a passenger ship engaged between a domestic port and a foreign port). <Amended on Jul. 26, 2001; May 18, 2012> |
| (3) | Deleted. <Jul. 7, 2015> |
| (4) | Where not less than 1/4 of seafarers of a related ship are changed, a master thereof shall conduct emergency drills on his/her ship within 24 hours upon departing a port. |
| (5) | A master shall use survival craft and rescue boats in rotation when he/she conducts survival craft and rescue boats drills, preferably bimonthly by having them float on sea one by one. |
| (6) | Methods for making emergency signal under Article 15 (2) of the Act shall be a combination of seven short consecutive blasts and one long sound of whistle or siren. <Amended on Jul. 7, 2015> |
| (7) | Pursuant to Article 15 (2) of the Act, a master of a passenger ship shall make the following sub-paragraphs known to passengers by way of announcement through broadcast or video-clip, within one hour upon departing a port(within four hours, in case of a passenger ship which is engaged in international voyage): <Newly Introduced on Jul. 7, 2015> |
| 1. | Matters necessary for passengers' safety, including keeping order when boarding and leaving a ship, etc.; |
| 2. | How to use life-saving appliance, fire extinguisher, etc. on a passenger ship; |
| 3. | Guidelines for passengers in an emergency; |
| 4. | Hours underway, weather information and expected time of arrival at and departure from a port; and |
| 5. | Other matters that a passenger should know in preparation for emergency. |
| Article 8(Keeping Records of Matters relating to Emergency Drills on Ship) |
A master shall record details of emergency drills in the logbook and make a video or take picture of such, and keep them, whenever there is an emergency drill on a ship. <Amended on Jan. 6, 2015>
| Article 9(Inspection and Check on Ship) |
| (1) | A master or a person designated by a master shall take a daily patrol of his/her ship to inspect and check life-saving appliances, escape routes and other matters relating to safety, and record the fact thereof in the logbook; provided, however, that a ship that sails to the same destination not less than twice a day shall conduct and record them every time it operates. <Amended on Jan. 8, 2014> |
| (2) | A master or a person designated by a master shall inspect the following sub-paragraphs not less than once a month and keep and manage the record thereof: <Newly Introduced on Jan. 8, 2014> |
| 1. | Amount of foods and drinking water stored on a ship; |
| 2. | State of hygiene and operation of a place and equipment used for storing and handling foods and drinking water on a ship; |
| 3. | State of hygiene and operation of a cooking place that prepares and provides meals and other cooking facilities on a ship; and |
| 4. | State of hygiene and maintenance of crew accommodation. |
[Title amended on Jan. 8, 2014]
| Article 10(Ensuring Safe Operation of Ship) |
Matters, including watch-keeping, prevention of fire on a ship and other matters to be observed by a master for the safety of navigation, pursuant to Article 16 of the Act, are each of the following sub-paragraphs: <Amended on Dec. 15. 1997; Jun. 24, 1999; Oct. 17, 2005; and May 18, 2012>
| 1. | Observation of the Convention on the International Regulation for Preventing Collisions at Sea; |
| 2. | Observation of International Convention for the Safety of Life at Sea; |
| 3. | Periodical inspection of all navigation equipment and keeping the records thereof; and |
| 4. | Periodical inspection of crew accommodation and keeping the records thereof. |
[Wholly amended on Feb. 22, 1991]
[Title amended on May 18, 2012]
| Article 11(Burial at Sea) |
| (1) | Under the provision of Article 17 of the Act, a master may bury a dead body at sea, where a related case falls under each of the following sub-paragraphs: <Amended on Jun. 24, 1999; Jul. 7, 2015> |
| 1. | When a ship is on high seas; |
| 2. | 24 hours elapsed after a death; provided, however, that this shall not apply to a death of infectious disease; |
| 3. | Where a dead body cannot be preserved on a ship in a hygienic manner or a ship thereof is planned to enter a port that bans the incoming of such a ship carrying a dead body; |
| 4. | Where there is a medical doctor who is boarding a ship, the burial shall be done after the issuance of death certificate by the doctor therein; and |
| 5. | Where a death is caused by infectious disease, a proper sterilization by a medical doctor or medical care person shall be performed before the burial. |
| (2) | A master shall perform a proper service when he/she buries a dead body at sea and take necessary measures for the body thereof not to be afloat. |
| (3) | In case of burial at sea, a master shall keep hairs of the dead person and other articles of his/hers. <Amended on May 18, 2012> |
| Article 12(Keeping Articles Left Behind) |
| (1) | Pursuant to Article 18 of the Act, where a person who is boarding a ship dies or is missing, a master shall have a relative or a next of kin of the dead or the missing participate in witnessing articles of his/hers and prepare a list of them, without delay. Where there is no relative or next of kin on a ship, two other persons who are boarding a ship shall participate. <Amended on May 18, 2012> |
| (2) | The list of articles left behind in paragraph (1) shall be entered with the following sub-paragraphs, together with the signature of a master and participants: <Amended on Dec. 15, 1997; May 18, 2012> |
| 1. | Name and address of person who dies or is missing; |
| 2. | Time and location of death or when last seen; |
| 3. | Identity and quantity of articles left behind; |
| 4. | Date of investigating articles left behind and preparing a list of them; and |
| 5. | Reasons for and details of disposal, where there is such action. |
| (3) | A master shall deliver or hand over articles left behind and a list of them under paragraph (1) to the bereaved family or family of a person who dies or is missing. <Amended on Dec. 15, 1997; May 18, 2012> |
| Article 13(Document to be carried) |
| (1) | Deleted. <Jun. 24, 1999> |
| (2) | The term "other documents prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Article 20 (1) 5 of the Act means each of the following sub-paragraphs: <Amended on Nov. 8, 1988; Dec. 15, 1997; Jul. 26, 2001; Apr. 13, 2007; Mar. 14, 2008; May 18, 2012; Mar. 24, 2013; and Jan. 8, 2014> |
| 1. | Ship Inspection Certificate; |
| 2. | Nautical chart of the navigation area; |
| 5. | Safe manning document: |
| 6. | A copy of insurance policies of accident compensation, wage claim and repatriation that designates a seafarer as a beneficiary or a copy of a document that demonstrates a fund is established to guarantee the payment of outstanding wages of a seafarer; and |
| 7. | Books that contain contents of the Maritime Labour Convention, 2006(excluding a non-seagoing ship and a fishing vessel). |
| Article 14(Format of document to be carried) |
Forms of a seafarers’ list and a logbook, etc., in accordance with Article 20 of the Act, shall be each of the following sub-paragraphs: <Amended on Mar. 24, 1999; Jul. 26, 2001; and May 18, 2012>
| 1. | A seafarers’ list: Attached Form No. 1; provided, however, that to a person exempted from approval on a seafarer’s list, Attached Form 1-2 shall be applied; |
| 2. | A deck logbook: Attached Form No. 2; and |
| 3. | Deleted; <Mar. 24, 1999> |
| 4. | A list of fitting: Attached Form No. 4. |
| Article 15(Reporting on Operation of Ship) |
| (1) | Reports under the provisions of Article 21 of the Act shall be made on Attached Form No. 5, while oral reports are allowed during an emergency. In such cases, related persons, not less than three in number, including a master, shall submit a statement of reason with their signatures thereon. <Amended on Feb. 22, 1991> |
| (2) | When there is an inevitable reason, a master may have his/her representative report on paragraph (1). Where a master or his/her representative cannot make reports, a shipowner shall report it. |
| (3) | Where reports under the provisions of Article 21 of the Act are made, a deck logbook shall be submitted to the competent Regional Authorities of Oceans and Fisheries, provided, however, that this shall not apply to a case in which a deck logbook is destroyed or lost due to a marine accident or other causes. <Amended on Dec. 15, 1997; Aug. 24, 1999; and Mar. 14, 2008> |
[Title amended on Feb. 22, 1991]
CHAPTER III Maintenance of Order on Ship
| Article 16(Disciplinary Committee) |
| (1) | The disciplinary committee under Article 22 (4) of the Act shall consist of chief engineer, chief operating officer, chief officer, second engineer, first operating officer, chief radio officer and a person with the highest position among ratings of same department who is to be disciplined. Where forming the committee with these people is impossible, persons who are designated by a master shall constitute the committee. <Amended on Mar. 24, 1999; May 18, 2012> |
| (2) | A meeting of the disciplinary committee shall be convened at the request of a master. |
| (3) | The disciplinary committee shall allow a crew who is to be disciplined to be present and make his/her statement. Where deemed necessary, the committee may have another crew attend a meeting and make his/her assertion. |
| (4) | Where the disciplinary committee determines disciplinary actions against a crew the committee shall prepare discipline review documents and a record of discussion signed by the members thereof. |
| (5) | Deleted. <Nov. 8, 1988> |
| Article 17(Restrictions on Strikes) |
The term "dangerous articles by kind are prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" under sub-paragraph 3 of Article 25 of the Act means a case where a ship is sailing, loaded with any harmful substance of the following sub-paragraphs under Article 3 of Rules on Transport and Storage of Harmful substance on Ship; provided, however, that sub-paragraph 1 or 2 apply to a case where a ship is sailing without being loaded with the related harmful substance thereto: <Amended on Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013>
| 3. | Radioactive materials; |
| 6. | Corrosive materials; or |
[This Article Newly Introduced on Oct. 17, 2005]
CHAPTER IV Seafarers' Employment Agreement
| Article 18(Reporting on Offset between Claim and Obligation) |
Pursuant to the proviso of Article 31 of the Act, where a shipowner offsets between a seafarer's wage claim and obligation, he/she shall report the fact thereof to the competent Regional Authorities of Oceans and Fisheries without delay. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012>
| Article 19(Scope of Repatriation Expenses) |
The term "expenses prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" under Article 38 (3) of the Act means each expense of the following sub-paragraphs: <Amended on Mar. 24, 2013>
| 1. | Transport expense for seafarer's luggage of no more than 30 kg; and |
| 2. | Necessary expenses for medical treatment for a seafarer with injury or disease. |
[This Article Newly Introduced on May 18, 2012]
| Article 20(Matters to be Included in Seafarers' Employment Agreement) |
The term "matters prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" under Article 43 (1) of the Act means each of the following sub-paragraphs: <Amended on Mar. 24, 2013>
| 1. | Seafarer's nationality, full name, date of birth and place of birth; |
| 2. | Shipowner's name(in case of corporation, the name of its representative) and address (in case of corporation, the address of its head office); |
| 3. | Place and date where seafarer's employment agreement is made; |
| 4. | Matters concerning seafarer's duty; |
| 5. | Matters concerning seafarer's wage; |
| 6. | Matters concerning the number of days of paid leave; |
| 7. | Matters concerning termination of seafarer's employment agreement; |
| 8. | Matters concerning protection of health and social security, etc., the expenses of which are borne by a shipowner; |
| 9. | Matters concerning seafarer's repatriation expenses; |
| 10. | Matters concerning seafarer's working condition; and |
| 11. | Matters concerning a related collective agreement, where provisions about collective agreement are necessary. |
[Wholly amended on May 18, 2012]
[Enforcement Date] The date when the Maritime Labour Convention, 2006 enters into force in the Republic of Korea.
| Article 20-2(Package Official Approval) |
| (1) | Pursuant to Article 44 (2) and (3) of the Act, where any of the following sub- paragraphs applies, the competent Regional Authorities of Oceans and Fisheries may grant package official approval on seafarer’s lists and ships through which seafarers whose manning qualifications are the same as those onboard ships of which the performance and the scale are similar to each other perform shift work onboard: <Amended on Mar. 14, 2008; Dec. 19, 2008; and May 18, 2012> |
| 1. | Where different ships that are under the same shipowner(excluding a fishing vessel) engage in continuous sailing on the same or adjacent route not less than twice of round trips a day; |
| 2. | Where a reserve passenger ship is in preparation for a case where a passenger ship in service is not operable due to repair, etc.(limited to a case where the complement of a reserve passenger ship does not exceed that of the passenger ship in service); or |
| 3. | Where many fishing vessels under the same shipowner are engaged in joint fishing in an adjacent location. |
| (2) | A shipowner who intends to apply for package official approval under the provision of paragraph (1) shall submit an application on Attached Form No. 8-3 to the regional competent maritime affairs and port authorities. <Amended on Mar. 14, 2008> |
[This Article Newly Introduced on Jul. 26, 2001]
| Article 20-3(Official Approval in Advance) |
| (1) | Under the provisions of Articles 44 (2) and (3) of the Act, the competent Regional Authorities of Oceans and Fisheries may official approve in advance a seafarer who shall take over for another seafarer, where a seafarer who is in service onboard a ship cannot perform his/her duty due to death, disease, injury, etc. that may arise while a ship is in service. <Amended on Mar. 14, 2008> |
| (2) | In case of paragraph (1), a seafarer who is going to assume duty shall have qualifications for it. |
| (3) | Where a shipowner intends to apply for official approval in accordance with paragraph (1), he/she shall submit an application on Attached Form No. 8-4 to the regional competent maritime affairs and port authorities. <Amended on Mar. 14, 2008> |
[This Article Newly Introduced on Jul. 26, 2001]
| Article 21(Approval Application for a Seafarers’ List, etc.) |
| (1) | Where a shipowner or a master applies for approval on boarding or leaving a ship, or cancellation of boarding on a seafarers’ list, a seafarer's book or identity card pursuant to Article 44 (3) and Article 45 (3) of the Act, he/she shall submit an approval application form on Attached Form No. 7 to the competent Regional Authorities of Oceans and Fisheries. Where a shipowner or a master applies for approval on changes of duty and contract renewal, he/she shall submit an application form for official approval of amendment of boarding a ship on Attached Form No. 8-2, which is for approval on changes in boarding, to the competent regional competent maritime affairs and port authorities(including submission through fax or the Internet); provided, however, that, where there are inevitable reasons, including the place of such cases occurring being far away from the regional competent maritime affairs and port authorities or a ship being in service, etc., the application thereof may be submitted to another regional competent maritime affairs and port authorities office that controls the next port that the ship is expected to enter. <Amended on Dec. 15, 1997; Mar. 24, 1999; Jun. 24, 1999; Mar. 8, 2000; Jul. 26, 2001; Oct. 17, 2005; Mar. 14, 2008; Dec. 19, 2008; and May 18, 2012> |
| (2) | The identity card under the proviso of Article 45 (1) of the Act shall be on Attached Form No. 8-5. <Newly Introduced on Jun. 24, 1999; Jul. 26, 2001> |
[Title amended on May 18, 2012]
| Article 22(Approval Application where Submission of a Seafarers’ List is Impossible) |
Where a person who intends to apply for his/her leaving a ship upon the termination of a seafarer’s employment agreement cannot submit a seafarer’s list, he/she shall submit an approval application form for destroyed, lost or damaged seafarer's list on Attached Form No. 9 with the attachment of a statement of reason therefor and seafarer's book and identity card to the competent Regional Authorities of Oceans and Fisheries.
[Wholly amended on May 18, 2012]
| Article 23(Approval Application where Submission of Seafarer's Book is Impossible) |
| (1) | Where the submission of seafarer's book or identity card is impossible due to an inevitable reason when applying for the application in accordance with the main sentence of Article 45 (3) of the Act, a statement of reason for not submitting a seafarer's book(identity card) on Attached Form No. 10 , shall be attached to the application form. <Amended on May 18, 2012> |
| (2) | Where the inevitable cause that does not allow the submission of seafarer's book or identity card is removed, a seafarer who is approved pursuant to paragraph (1) shall submit documents without delay that demonstrate the fact of being approved and seafarer's book or identity card to the competent Regional Authorities of Oceans and Fisheries for approval. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
[Title amended on May 18, 2012]
| Article 24(Approval on Seafarer's Leaving a Ship) |
| (1) | The term "reasons, such as unknown whereabouts, etc., prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in the proviso of Article 45 (3) of the Act means any of the following sub-paragraphs: <Amended on Mar. 24, 2013> |
| 1. | Where a shipowner or a master does not obtain approval on a seafarer’s list by intention or without justifiable reasons; |
| 2. | Where a shipowner or a master is missing for not less than a month; or |
| 3. | Where a shipowner or a master dies(in case that a shipowner is a corporation, bankruptcy) |
| (2) | A seafarer who intends to obtain approval on his/her leaving a ship pursuant to the proviso of Article 45 (3) of the Act shall submit the approval application on Attached Form No. 7 with the attachment of seafarer's book or identity card and documents that demonstrate reasons that fall under paragraph (1) to the competent Regional Authorities of Oceans and Fisheries. |
| (3) | Notwithstanding paragraph (2), where a seafarer who intends to obtain approval on his/her leaving a ship cannot submit a seafarer's book or identity card, the procedure and method for the approval application and the confirmation on the approval thereof after it being issued shall apply standards to Article 23. |
[This Article Newly Introduced on May 18, 2012]
| Article 25 Deleted. <Dec. 15, 1997> |
| Article 26(Confirmation on Approval Application) |
| (1) | Where requested by a shipowner or a master to grant an approval on boarding a ship, the competent Regional Authorities of Oceans and Fisheries office shall give an approval after reviewing the following sub-paragraphs(including an approval through sharing administrative information in accordance with Article 36 (1) of the Electronic Government Act. This shall apply hereunder in this Article) pursuant to Article 45 (3) of the Act; provided, however, that the request of a master who does not have his/her seafarer's employment agreement shall be checked with sub-paragraph 4 and 6 before approval: <Amended on Mar. 24, 1999; Jun. 24, 1999; Oct. 17, 2005; Aug. 17, 2007; Mar. 14, 2008; Apr. 11, 2011; and May 18, 2012> |
| 1. | Whether or not seafarer's employment agreement is in violation of Acts and subordinate statues related to the safety of navigation or seafarer's labour; |
| 2. | Whether or not a shipowner takes out insurance or joins a mutual aid for accident compensation and repatriation; |
| 3. | Whether or not seafarer's employment contract is agreed upon by the parties; |
| 3-2. | Whether or not insurance, a mutual aid or a fund for wage claims guarantee is taken out, pursuant to Article 56 of the Act; |
| 4. | Medical certificate pursuant to Article 87 (1) of the Act(in case of a foreign seafarer, medical certificate issued in his/her home country may take its place); |
| 5. | Whether or not job seeking and job offering are registered pursuant to Article 109 of the Act(excluding a foreigner); |
| 6. | Matters concerning education and training of a seafarer under the provisions of Article 57; and |
| 7. | Whether or not a seafarer's book or a visa is issued under the Immigration Control Act(limited to a foreign seafarer who goes onboard in the Republic of Korea). |
| (2) | The regional competent maritime affairs and port authorities that receive approval application on boarding a ship though fax or the Internet pursuant to Article 21 (1) shall review each sub-paragraph under paragraph (1) and send a copy of a seafarers’ list and a seafarer's book or identity card that is approved. A shipowner or a master who obtains the copy of them may come by ex post facto approval on the original copy of a seafarer’s list and a seafarer's book or identity card. <Amended on Dec. 19, 2008; May 18, 2012> |
| (3) | Deleted. <Jul. 7, 2015> |
| Article 27(Confirmation Request of Approved Matters concerning Boarding a Ship) |
| (1) | Where a seafarer’s list maintained on a ship is lost, torn, or too worn to be usable, a shipowner or a master shall without delay prepare a new seafarer’s list and apply for a confirmation on current state of seafarers onboard a ship to the competent Regional Authorities of Oceans and Fisheries. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
| (2) | The application pursuant to paragraph (1) shall be made on approval application form for destroyed, lost or damaged seafarer's list on Attached Form No. 9 with the attachment of each of the following sub-paragraphs: <Amended on May 18, 2012> |
| 1. | A newly prepared seafarer’s list; |
| 2. | A Seafarer's book and identity card that contains current boarding records; and |
| 3. | A statement of reason. |
| Article 28(Approval When Reissuing Seafarer's Book) |
Where a seafarer’s book is reissued to a seafarer, he/she shall obtain approval on currently approved matters of boarding a ship from the competent Regional Authorities of Oceans and Fisheries. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012>
[Title amended on May 18, 2012]
| Article 29 Deleted. <Oct. 17, 2005> |
| Article 30(Approval on Seafarer's Book after Returning) |
Where a seafarer returns to his/her home country without obtaining approval of leaving a ship in a foreign country, a shipowner or a seafarer recruitment and placement agency shall report the fact thereof to the competent Regional Authorities of Oceans and Fisheries and obtain approval on the seafarer's book within 20 days. <Amended on Dec. 15, 1997; Mar. 14, 2008>
| Article 31(Certification, etc., When Seafarer's Book is Destroyed or Lost) |
| (1) | Where a holder of a seafarer's book loses it or a seafarer's book is torn or too worn to be usable, he/she may request that the competent Regional Authorities of Oceans and Fisheries issue a certificate that proves approval on boarding and leaving a ship. <Amended on Jan. 3, 1990; Feb. 22, 1991; Dec. 15, 1997; Mar. 24, 1999; Mar. 14, 2008; and May 18, 2012> |
| (2) | A person who intends to apply pursuant to paragraph (1) shall submit an application form completed with each of the following sub-paragraphs to a regional competent maritime affairs and port authorities office: <Amended on Jan. 3, 1990; Feb. 22, 1991; Dec. 15, 1997; Mar. 24, 1999; Mar. 14, 2008; and May 18, 2012> |
| 1. | Name, date of birth and address of applicant; |
| 2. | The regional competent maritime affairs and port authorities that issued the seafarer's book and the number thereof; |
| 3. | Matters that need to be certified; and |
| 4. | Reasons for certification. |
| Article 32 Deleted. <Mar. 24, 1999> |
| Article 33 Deleted. <Mar. 24, 1999> |
| Article 34(Application for Issuing Seafarer's Book) |
A person who intends to apply for the issuance of a seafarer's book pursuant to Regulation 8 of the Enforcement Decree of the Seafarers' Act(hereinafter referred to as the "Enforcement Decree") shall submit an application for the issuance of a seafarer's book on Attached Form No. 15 with the attachment of the following sub-paragraphs to the competent Regional Authorities of Oceans and Fisheries. In such cases, the regional competent maritime affairs and port authorities shall check for certificate of military service(limited to males whose age is not less than 18 but not more than 30, from Jan. 1 to Dec. 31 of the year of application for seafarer's book, excluding foreigners) and certificate of alien registration(limited to foreigners) through sharing administrative information in accordance with Article 36 (1) of the Electronic Government Act. Where an applicant does not agree to the checking thereof, related documents(in case of certificate of alien registration, a copy of it) shall be attached: <Amended on Jan. 3, 1990; Feb. 22, 1991; Jul. 31, 1993; Dec. 15, 1997; Mar. 24, 1999; Mar. 8, 2000; Oct. 17, 2005; Aug. 17, 2007; Mar. 14, 2008; Dec. 31, 2008; Apr. 11, 2011; and May 18, 2012>
| 1. | Deleted; <Mar. 24, 1999> |
| 2. | Deleted; <Aug. 17, 2007> |
| 3. | Deleted; <Mar. 8, 2000> |
| 4. | A photograph(taken within six months of which the size is 3.5 centimeters by 4.5 centimeters); |
| 5. | In case of a foreigner, documents in the following items: |
| (a) | A copy of passport; and |
| (b) | A Seafarer's book which is issued in his/her country or documents approved under the provision of Regulation 8 (2) of the Enforcement Decree. |
| 6. | Deleted. <Jun. 24, 1999> |
[Title amended on May 18, 2012]
| Article 34-2(Application for Issuing Seafarer's Identity Document, etc.) |
A person who intends to apply for the issuance of a seafarer's identity document pursuant to Regulation 13 of the Enforcement Decree shall submit an application for the issuance of a seafarer's identity document on Attached Form No. 15-2 with the attachment of the following sub-paragraphs to the competent Regional Authorities of Oceans and Fisheries. In such cases, a regional competent maritime affairs and port authorities office shall check for certificate of military service(limited to males whose age is not less than 18 but not more than 30, from Jan. 1 through Dec. 31 of the year of application for seafarer's book, excluding foreigners) and certificate of alien registration(limited to foreigners) through sharing administrative information in accordance with Article 36 (1) of the Electronic Government Act. Where an applicant does not agree to the checking thereof, related documents(in case of certificate of alien registration, a copy of it) shall be attached: <Amended on Aug. 17, 2007; Mar. 14, 2008; Apr. 11, 2011; and May 18, 2012>
| 1. | Deleted; <Aug. 17, 2007> |
| 2. | A Seafarer's book; and |
| 3. | Seafarer's identity document(excluding a case of new application for issuance) |
[This Article newly introduced on Oct. 17, 2005]
[Title amended on May 18, 2012]
| Article 35(Identity Investigation) |
| (1) | Where requested to issue a seafarer's book or seafarer's identity document pursuant to Articles 34 and 34-2, the competent Regional Authorities of Oceans and Fisheries shall check without delay the identity of a person to whom a seafarer's book or seafarer's identity document is issued through the administrative electronic network related to the issuance. |
| (2) | Where the competent Regional Authorities of Oceans and Fisheries cannot check identity pursuant to paragraph (1), the competent Regional Authorities shall send an Attached Form regarding notification to an identity investigation organization in an Attached Forms No. 15 and No. 15-2 to an identity check organization for the purposes of checking of it. |
[Wholly amended on May 18, 2012]
| Article 35-2(Special Exemption of Seafarer's Book Issuance) |
| (1) | The term "those as prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in the proviso of Regulation 10 (1) 1 of the Enforcement Decree means any of the following sub-paragraphs: <Amended on Jun. 24, 1999; Sep. 16, 1999; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| 1. | Deleted; <Sep. 16, 1999> |
| 2. | A rating who is qualified in survival craft and rescue boats other than fast rescue boats; |
| 3. | A person in charge of medical care; and |
| 4. | A rating who is in service onboard a deep sea fishing vessel other than those under paragraphs (2) and (3). |
| (2) | The term "a worker prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Regulation 10 (1) 2 of the Enforcement Decree means a person who is in service onboard a ship that is not related to the operation of a ship, including clerk, canteen staff and guide. <Amended on Mar. 14, 2008; and Mar. 24, 2013> |
[This Article newly introduced on Mar. 24, 1999]
[Title amended on May 18, 2012]
| Article 36 Deleted. <Jun. 24, 1999> |
| Article 37(Issuance of Seafarer's Book, etc.) |
| (1) | A Seafarer's book shall use Attached Form No. 16 and may be issued to the principal or through an application therefor of a person under Regulation 8 (1) of the Enforcement Decree. <Amended on May 18, 2012> |
| (2) | Seafarer's identity document shall use Attached Form No. 16-2 and may be issued to the principal or a representative designated by the principal(limited to a master or a person who hires the principal). <Newly introduced on Oct. 17, 2005; and May 18, 2012> |
| (3) | An examination committee shall be put under the competent Regional Authorities of Oceans and Fisheries in order to determine whether or not a person to whom a seafarer's book or seafarer's identity document is issued is a person whose identity is unclear, as prescribed in Article 46 (1) 1 of the Act. <Amended on Dec. 15, 1997; Jun. 24, 1999; Oct. 17, 2005; Mar. 14, 2008; and May 18, 2012> |
| (4) | Pursuant to Article 46 (2) of the Act, a person whose a seafarer's book shall be issued with the validity or the limitation on which ship or which zone is allowed for him/her to go onboard falls under any of the following sub-paragraphs: <Amended on Dec. 15, 1997; Jun. 24, 1999; Mar. 14, 2008; and May 18, 2012> |
| 1. | A person who has limited access to overseas country; |
| 2. | A person who intends to be in service onboard a fishing vessel or a ship that does not enter a port of call in a foreign territory; and |
| 3. | Other persons who are deemed to be limited in terms of a ship or a zone for them to go onboard by the regional competent maritime affairs and port authorities. |
| (5) | Where the regional competent maritime affairs and port authorities issue a seafarer's book with the boarding limitation on a ship or a zone pursuant to paragraph (4), the office shall enter details of the limitations in the column for authorities, before signing its signature. In case the reason for the limitation is eliminated, the limitation shall be lifted by request of a seafarer. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
[Title amended on Oct. 17, 2005; May 18, 2012]
| Article 38(Correction and Re-issuance of Seafarer's Book, etc.) |
| (1) | Where there is a mistake or change in matters entered into a seafarer's book or seafarer's identity document, a seafarer shall apply without delay for the correction thereon to the competent Regional Authorities of Oceans and Fisheries using Attached Form No. 17. <Amended on Dec. 15, 1997; Oct. 17, 2005; and Mar. 14, 2008> |
| (2) | The term "cases prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" under Article 49 of the Act means a case where a photograph or major entries are unidentifiable or hard to identify, or there is no space in the column of remarks. In such cases, re-issuance application using Attached Form No. 17-4 shall be made without delay to the regional competent maritime affairs and port authorities with the attachment of documents in the following sub-paragraphs: <Amended on Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| 1. | A photograph(taken within six months of which the size is 3.5 centimeters by 4.5 centimeters, only for re-issuing a seafarer's book); |
| 2. | Seafarer's identity document(only for re-issuing seafarer's identity document). |
| (3) | Application for correction or re-issuance pursuant to paragraph (1) or (2) may be filed with the regional competent maritime affairs and port authorities that issued the seafarer's book or the seafarer's identity document for which the application is made or other regional competent maritime affairs and port authorities. <Amended on Jul. 31, 1993; Dec. 15, 1997; Oct. 17, 2005; Mar. 14, 2008; and May 18, 2012> |
| (4) | Deleted. <Dec. 15, 1997> |
[Title amended on Oct. 17, 2005; May 18, 2012]
The advice under Article 59 and Article 115 (2) of the Act and Regulation 23 of the Enforcement Decree means advice that is provided by Policy Advisory Committee established under the Ministry of Oceans and Fisheries pursuant to Article 2 of rules of Policy Advisory Committee. <Amended on Jul. 26, 2001; Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013>
[This Article newly introduced on Jun. 24, 1999]
| Article 39(Application for Recognition of Facts of Bankruptcy, etc) |
| (1) | A person who intends to apply for recognition of facts of bankruptcy, etc. under the provision of Regulation 18-2 of the Enforcement Decree(hereinafter referred to as the "recognition of facts of bankruptcy, etc.") shall submit Attached Form No. 17-5 with the attachment of each of the following sub-paragraphs to the competent Regional Authorities of Oceans and Fisheries that control seafarers' labour in a related place of business: <Amended on Mar. 14, 2008> |
| 1. | A copy of certificate of retirement issued by a shipowner at the time of leaving; |
| 2. | A copy of documents that show or demonstrate that the shipowner of a related ship does not engage in business activity and does not have the ability to pay outstanding wages(limited to such cases that can be entered or proved thereon). |
| (2) | Where there are not less than two seafarers who leave the same business or place of business, a seafarer may not submit application for fact recognition of bankruptcy, etc. when another seafarer submits the document thereof in accordance with provisions of paragraph (1). |
[This Article Newly Introduced on Oct. 17, 2005]
| Article 39-2(Notification of Recognition of Facts of Bankruptcy, etc.) |
Where the competent Regional Authorities of Oceans and Fisheries make a determination on the application of recognition of facts of bankruptcy, etc. pursuant to Article 39, the office shall notify the applicant of the decision thereof, by using Attached Form No. 17-6, without delay. <Amended on Mar. 14, 2008>
[This Article newly introduced on Oct. 17, 2005]
| Article 39-3(Confirmation on Reasons for Outstanding Wages) |
A person who intends to confirm reasons for outstanding wages pursuant to Regulation 18-5 (1) of the Enforcement Decree shall submit Attached Form No. 17-7 with the attachment of each of the following sub-paragraphs to the competent Regional Authorities of Oceans and Fisheries that controls seafarers' labour in a related place of business: <Amended on Mar. 14, 2008>
| 1. | A copy of a certificate of retirement issued by a shipowner at the time of leaving or letter of notification of recognition of facts of bankruptcy, etc. under provisions of Article 39-2; and |
| 2. | A copy of a document that demonstrates outstanding wages by the shipowner of a related ship(limited to a case issued by the owner.) |
[This Article Newly Introduced on Oct. 17, 2005]
| Article 39-4(Notification of Reasons for Outstanding Wage) |
The competent Regional Authorities of Oceans and Fisheries that receives an application form for confirmation pursuant to provisions of Article 39-3 shall investigate facts for each sub-paragraph of Regulation 18-5 (1) of the Enforcement Decree, before notifying the applicant of the outcome thereof, by using Attached Form No. 17-8; provided, however, that where confirmation of facts is impossible, the reason therefor shall be informed through Attached Form No. 17-6. <Amended on Mar. 14, 2008>
[This Article newly introduced on Oct. 17, 2005]
CHAPTER V HOURS OF WORK AND COMPLEMENT
| Article 39-5(Standards for Relaxation of the Hours of rest) |
| (1) | The term "standards for relaxation of the hours of rest prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in the latter part of Article 60 (4) of the Act means a case where all of the following sub-paragraphs are fulfilled: |
| 1. | Seafarers are allowed to take not less than 70 hours of rest per any given week; |
| 2. | Relaxation of hours of rest shall not continue more than two weeks; provided, however, that after a period double the term of that which the relaxation of hours of rest applies, a continued relaxation of hours of rest may be applied; |
| 3. | Seafarers are allowed to take not less than 10 hours of rest per any given 24 hours; |
| 4. | Seafarers shall be given the hours of rest in accordance with paragraph (3), and the following items shall be observed; and |
| (a) | Hours of Rest shall not be divided into more than twice; and |
| (b) | Where hours of rest is divided into two, one shall continue at least six hours, and the other shall be not less than one hour. The interval between two consecutive rests shall not exceed 14 hours. |
| 5. | A period to which the relaxation of hours of rest applies pursuant to paragraphs (3) and (4) shall not exceed 48 hours per any one given week. |
| (2) | Notwithstanding paragraph (1), the relaxation of hours of rest pursuant to paragraph (1) 4 for seafarers who are in service onboard a ship that navigates on routes where the application of the standards of dividing hours of rest is difficult shall meet all of the following sub-paragraphs: |
| 1. | Seafarers shall be given the hours of rest proper for the standards of paragraph (1) 1, sub-paragraphs 3 and 5; |
| 2. | Notwithstanding the proviso of paragraph (1) 2, the relaxation of hours of rest may be applied, even if a period double the term of which the relaxation of hours of rest applies does not elapse. In such cases, the period where the relaxation of hours of rest applies shall not continue more than 48 hours; |
| 3. | Notwithstanding paragraph (1) 4, hours of rest may be divided into a maximum of up to three separate times. In such cases, the division shall meet each of the following criteria: |
| (a) | Where hours of time is divided into three, one shall continue not less than four hours, and each of the remaining two shall continue not less than one hour; |
| (b) | The interval between two consecutive resting times shall not exceed more than 14 hours. |
| 4. | The interval of paid leaves shall be shorter than is provided under Article 69 (1) of the Act, or paid leaves shall be longer than is stipulated under Article 70 of the Act by not less than one day. In such cases, matters concerning paid leaves shall be determined through collective agreement. |
| (3) | A sea route where the application of the standards of dividing hours of rest pursuant to paragraph (1) 4 is difficult means any of the following sub-paragraphs: |
| 1. | Seaways among ports in the Republic of Korea, the People's Republic of China (excluding Hong Kong Special Administrative Region of the People's Republic of China), Japan and the Republics in the Russian Federation(limited to the Far East region); |
| 2. | Other seaways determined and publically announced by the Minister of Oceans and Fisheries after his/her hearing the opinions of representatives of shipowners' associations and seafarers' union. |
[This Article newly introduced on Sep. 19, 2014]
| Article 39-6(Hours work of Young Seafarers, etc.) |
The term "regulations on hours of work, hours of rest, etc. prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Article 61 of the Act means each of the following sub-paragraphs:
| 1. | Hours of work of young seafarers aged less than 18 years shall not exceed eight hours a day, 40 hours a week; |
| 2. | Young seafarers aged less than 18 years shall be offered each of the following items: |
| (a) | Meals break for at least one hour a day; |
| (b) | More than 15 minute break immediately after two consecutive hours of work. |
[This Article newly introduced on Sep. 19, 2014]
| Article 40(Documents of Hours of Work, etc.) |
Documents where daily hours of work, hours of rest and overtime work of seafarers are to be entered shall be on Attached Form No. 18.
[Wholly amended on May 18, 2012]
[Enforcement Date] The date when the Maritime Labour Convention, 2006 enters into force in the Republic of Korea.
| Article 40-2(Documents of Hours of Work, etc.) |
| (1) | Standards for formulating onboard drills and evaluation plans pursuant to Article 63 (1) 1 of the Act shall be in accordance with Attached Table 4. |
| (2) | Methods of formulating standards of navigational watch-keeping pursuant to Article 63 (1) 2 of the Act shall be in accordance with Attached Table 5. |
[This Article newly introduced on May 18, 2012]
| Article 41(Qualifications for Navigational watch-keeping Ratings) |
| (1) | Pursuant to Article 64 (1) of the Act, a person who intends to be deck or engine watch-keeping rating shall be aged not less than 16 years and any one of the following sub-paragraphs: <Amended on Jan. 3, 1990; Feb. 22, 1991; Jul. 31, 1993; Jun. 24, 1999; Oct. 17, 2005; and May 18, 2012> |
| 1. | Not less than one year of experience as a deck or engine rating on a ship of not less than 200 gross tonnage; |
| 2. | Not less than two months of experience as a deck or engine rating with the completion of training for watch-keeping ratings in Attached Table 2; and |
| 3. | Experience of seagoing service provided under the provision of Regulation 16 (1) 1 of the Enforcement Decree of the Ship Officers' Act. |
| (2) | Notwithstanding paragraph (1), a person who is allowed to assume dual positions of a deck and an engine watch-keeping rating(hereinafter referred to as the "operating watch-keeping ratings") on a automated ship, among ships under Article 64 (1) of the Act, under Regulation 3-2 of the Enforcement Decree of the Ship Officers' Act(hereinafter referred to as "automated ship") shall be aged not less than 16 years and any one of the following sub-paragraphs: <Amended on Feb. 22, 1991; Jul. 31, 1993; Dec. 15, 1997; Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| 1. | A person who falls under paragraph (1) 1 with not less than one year of seagoing experience on automated ships or the completion of training for operating watch-keeping ratings in Attached Table 2; |
| 2. | Experience of seagoing service provided in Regulation 16 (1) 1 of the Enforcement Decree of the Ship Officers' Act; provided, however, that a person who completed other department than operating department should finish training for operating watch-keeping ratings in Attached Table 2; and |
| 3. | A person who has not less than three years of seagoing experience on a ship of not less than 200 gross tonnage and is recognized by the Minister of Oceans and Fisheries that the his/her qualification is equivalent to that of paragraph (1) or (2) or better. |
| (3) | Where a person who falls under any sub-paragraph of paragraphs (1) and (2) applies for the issuance of certificate of watch-keeping ratings pursuant to Attached Form No. 18-2, the Minister of Oceans and Fisheries may demonstrate his/her qualifications for watch-keeping ratings in his/her seafarer's book and issue a certificate through the information and communications network under sub-paragraph 10 of Article 2 of the Electronic Government Act(hereinafter referred to as the "information and communications network"). <Newly introduced on Feb. 22, 1991; Dec. 15, 1997; Oct. 17, 2005; Aug. 17, 2007; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
[Title amended on May 18, 2012]
| Article 42(Qualifications of Seafarers of Ships Carrying Dangerous Cargoes) |
| (1) | The term "seafarers who have qualifications prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries" in Article 64 (3) of the Act means a seafarer who falls under each of the following sub-paragraphs: <Amended on Mar. 24, 2013; Jan. 8, 2014; and Jan. 13, 2016> |
| 1. | A person who intends to be in service onboard a ship as a master, chief officer, chief engineer, second engineer, or chief operating officer of an oil tanker or a chemical tanker shall meet all of the following items: |
| (a) | Completion of training for basic tanker under Attached Table 2; |
| (b) | Completion of Refresher course for oil tanker or chemical tanker among Refresher course under Attached Table 1 of the Enforcement Ordinance of the Ship Officers' Act; and |
| (c) | Not less than three months of experience(one month, in case of not less than three times of unloading experience) on an oil tanker or chemical tanker. |
| 2. | A person who intends to be in service onboard a ship as a deck officer(excluding chief officer), engineer(excluding second engineer), operating officer, deck and engine rating or operating watch-keeping rating on an oil tanker or chemical tanker shall meet any of the following sub-paragraphs: |
| (a) | Completion of training for basic tanker under Attached Table 2; and |
| (b) | Not less than three months of experience on an oil tanker or chemical tanker and the competency examination held by the President of the Korea Institute of Maritime and Fisheries Technology in accordance with the Korea Institute of Maritime and Fisheries Technology Act」(hereinafter referred to as the "KIMFT") shall be passed. |
| 3. | A person who intends to be in service onboard a ship as a master, chief officer, chief engineer, second engineer, or chief operating officer of a liquefied gas tanker shall meet all of the following items: |
| (a) | Completion of training for basic tanker under Attached Table 2; |
| (b) | Completion of Refresher course for a liquefied gas tanker among Refresher course under Attached Table 1 of the Enforcement Ordinance of the Ship Officers' Act; and |
| (c) | Not less than three months of experience(one month, in case of not less than three times of unloading experience) on an oil tanker or chemical tanker. |
| 4. | A person who intends to work as a deck officer(excluding chief officer), engineer (excluding second engineer), operating officer, deck and engine rating or operating watch-keeping rating on a liquefied gas tanker shall meet any of the following sub-paragraphs: |
| (a) | Completion of training for basic tanker under Attached Table 2; and |
| (b) | Not less than three months of experience on a liquefied gas tanker and the competency examination held by the President of the KIMFT shall be passed. |
| (2) | Notwithstanding paragraph (1), a master, chief officer, chief engineer, second engineer, chief operating officer or operating officer who is in service onboard non-seagoing ships that carry dangerous goods shall meet each of the following sub-paragraphs: <Newly introduced on Jan. 8, 2014> |
| 1. | Oil tanker or chemical tanker: shall meet any item of paragraph (1) 1; and |
| 2. | Liquefied gas tanker: shall meet any item of paragraph (1) 3. |
| (3) | Where a seafarer who falls under any sub-paragraph of paragraph (1) applies for the issuance of certificate of proficiency in oil, chemical or liquefied gas tanker cargo operations pursuant to Attached Form No. 18-2, the Minister of Oceans and Fisheries may demonstrate his/her qualifications for them in the his/her seafarer's book and shall issue a certificate of proficiency pursuant to Attached Form No. 16(including through the information and communications network). <Amended on Mar. 24, 2013; and Jan. 8, 2014> |
| (4) | The validity of certificate of proficiency in oil, chemical or liquefied gas tanker cargo operations pursuant to paragraph (3) shall be five years, respectively, in accordance with International Convention on Standards of Training Certification and watch-keeping for Seafarers, as amended(hereinafter referred to as the "STCW Convention"); provided, however, that it shall be deemed that there is no validity of certificate of proficiency for ratings. <Amended on Jan. 8, 2014> |
| (5) | A person who intends to extend the validity of certificate of proficiency after the expiry thereof pursuant to paragraph (4) or to revalidate his/her certificate that is invalid after the date pursuant to paragraph (4) shall meet any of the following sub-paragraphs: <Newly introduced on Jan. 8, 2014> |
| 1. | Not less than three months of experience on ships carrying dangerous goods within the preceeding five years from the date of the validity of certificate of proficiency or working onboard a ship; |
| 2. | Completion of training for basic tanker under Attached Table 2 before the expiration of the validity of certificate of proficiency or working onboard a ship(excluding training courses completed for being qualified under each sub-paragraph of paragraph (1). |
[Wholly amended on May 18, 2012]
| Article 43(Qualifications of Survival Craft and Rescue Boats other than Fast Rescue Boats, etc.) |
| (1) | A seafarer who wishes to obtain a certificate of proficiency in survival craft and rescue boats other than fast rescue boats pursuant to Article 64 (4) of this Act shall submit an application form for issuance on Attached Form No. 18-2 to the Administrator of a Regional Office of Oceans and Fisheries. <Amended on Dec. 15, 1997; Oct. 17, 2005; Mar. 14, 2008; and May 18, 2012> |
| (2) | The Administrator of a Regional Office of Oceans and Fisheries to whom the application for issuance is submitted under paragraph (1) by a seafarer with qualifications as follows shall prove in the seafarer’s book that said seafarer is qualified as a seafarers qualified in survival craft and rescue boats other than fast rescue boats and shall issue the certificate of proficiency in survival craft and rescue boats other than fast rescue boats as prescribed in Attached Form No. 20(including issuance via information and communications network). In such cases, the certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall be valid for 5 years as prescribed by the STCW Convention: <Amended on March 24, 1999; Jul. 26, 2001; Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; and Jan. 13, 2016> |
| 1. | A person who is 18 years or older; and |
| 2. | Seafarers with seagoing experience onboard of 12 months or longer, or those with seagoing experience onboard of 6 months or longer and who completed the survival craft training course among the Advanced safety training of Appendix 2 in the KIMFT. |
| (3) | A ship pursuant to Regulation 21 (3) of the Enforcement Decree shall have the number of seafarers qualified in survival craft, rescue boats or fast rescue boats onboard as set out in the following sub-paragraphs(one seafarer in case of a ship trading coastal waters) per each survival craft, rescue boat or fast rescue boat and life-raft(excluding inflated life-raft in case of a ship trading coastal waters(hereinafter referred to as "survival craft, etc.") to be carried; provided, however, that the number may be reduced with permission from the competent Regional Authorities of Oceans and Fisheries for a ship carrying less number of seafarers than what is certified to carry: <Amended on Dec. 7, 1987; Dec. 15, 1997; Mar. 24, 1999; Mar. 14, 2008; and May 18, 2012> |
| 1. | Survival craft with capacity of 40 persons or less: two; |
| 2. | Survival craft with capacity of 41 up to 61: three; |
| 3. | Survival craft with capacity of 62 up to 85: four; |
| 4. | Survival craft with capacity of 86 persons or more: five; |
| 5. | Rescue boat or fast rescue boat: two; and |
| (4) | The master shall arrange seafarers qualified in survival craft, rescue boats and fast rescue boats on each survival craft, etc. and designated seafarers in commander thereof. <Newly introduced on Dec. 7, 1987; and May 18, 2012> |
| (5) | Seafarers qualified in survival craft, rescue boats and fast rescue boats shall be responsible for the jobs falling under the following sub-paragraphs: <Newly introduced on Dec. 7, 1987; Dec. 5, 1997; and May 18, 2012> |
| 1. | Ascertain whether food, water, sailing equipment, and other supplies are loaded on survival craft, etc., lower survival craft, etc. and command while crew and passengers go onboard survival craft, etc.; |
| 2. | Command or assist in operating survival craft, etc.; |
| 3. | Line throwing gun, life buoys, and other rescue equipment; and |
| 4. | Maintain and manage survival craft, etc. and other rescue equipment(excluding lifejackets.) |
[Title amended on May 18, 2012]
| Article 43-2(Qualifications for Certificate of Proficiency in Fast Rescue Boats) |
| (1) | Where a person with the certificate of proficiency in survival craft and rescue boats other than fast rescue boats under Article 43 (2) completes fast rescue boats training course as stipulated in Appendix 2, the Administrator of a Regional Office of Oceans and Fisheries shall certify on his/her seafarer’s book that the person is qualified in fast rescue boats and issue a certificate thereof(including issuance via information and communications network) on Attached Form No. 20-2. |
| (2) | Certificate of proficiency in fast rescue boats under Paragraph (1) shall be valid for five years in accordance with STCW Convention. <Amended on Jan. 13, 2016> |
[Wholly amended on May 18, 2012]
| Article 43-3(Qualifications of Seafarers for Safety Management of Passengers, etc.) |
| (1) | "Seafarers who have the qualifications of safety management of passengers prescribed by the Enforcement ordinance" under Article 64 (5) of the Act are seafarers who have completed the advanced safety training course under Attached Table 2. |
| (2) | Passenger ships under Regulation 21 (4) of the Enforcement Decree shall have the number of seafarers(hereinafter referred to as “seafarers for safety management of “passengers”) under Paragraph (1) onboard as follows: |
| 1. | A passenger ship the passenger capacity of which is 100 up to 500: one or more; |
| 2. | A passenger ship the passenger capacity of which is 500 up to 1,000: two or more; |
| 3. | A passenger ship the passenger capacity of which is 1,000 up to 1,500: three or more; and |
| 4. | A passenger ship the passenger capacity of which is 1,500 or more: four or more; |
| (3) | The master shall deploy seafarers for safety management of passengers on the deck of passenger cabins and assign them to duties as follows: |
| 1. | Dispense and demonstrate how to put on life saving appliances such as lifejackets in case of emergency; |
| 2. | Announce muster stations for passengers in case of emergency; |
| 3. | Assist passengers in boarding a survival craft, etc.; |
| 4. | Clear and manage evacuation routes for passengers in case of emergency; and |
| 5. | Other passenger supporting duties in emergency as ordered by the captain. |
[Newly introduced on May 7, 2015]
| Article 44(Issuance of Safe Manning Document) |
| (1) | A shipowner wishing to obtain approval after having determined the complement of a ship pursuant to Article 65 of the Act from the Administrator of a Regional Office of Oceans and Fisheries shall submit an application form for Safe Manning Document on Attached Form No. 21 attaching the rules of employment(hereinafter referred to as “the rules of employment”) under Article 119 of the Act. <Amended on Feb. 22, 1991; Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
| (2) | The Administrator of a Regional Office of Oceans and Fisheries to whom the application is submitted under paragraph (1) shall review the rules of employment and the complement of the ship before issuing a Safe Manning Document on Attached Form No. 22. <Amended Feb. 22, 1991; Dec. 15, 1997; Mar 14, 2008; and May 18, 2012> |
| (3) | Safe Manning Document Application and Safe Manning Document under paragraphs (1) and (2) may be applied for and issued via information and communications network. <Newly introduced on Oct. 17, 2005; and May 18, 2012> |
[Title amended on May 18, 2012]
| Article 45(Special Exemption on Qualifications of Seafarers) |
| (1) | “Where a ship meets the standards prescribed by the Enforcement ordinance” under Article 66 of the Act refers to a ship falling under any of the following sub-paragraphs and approved by the Administrator of a Regional Office of Oceans and Fisheries: <Amended on Dec. 15, 1997; Jul. 26, 2001; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| 1. | A ship equipped with facilities whose engine in the engine room can be remotely controlled by a deck officer. |
| 2. | A ship equipped with automatic facilities for the navigation, anchoring, etc. |
| 3. | Pusher barge: A ship propelled in combination with a steamer. |
| 4. | Underwater sightseeing barge : A ship equipped with underwater sightseeing facilities but without self propelling capability. |
| (2) | The Administrator of a Regional Office of Oceans and Fisheries may apply relaxed qualifications of watch-keeping ratings under Articles 64 (1) and (2) of the Act or regulations on complement under Article 65 of the Act on a ship falling under paragraph (1). <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
| (3) | A person who wishes to obtain approval from the Administrator of a Regional Office of Oceans and Fisheries under the provision of paragraph (1) shall either submit a application form for complement relaxation permission on Attached Form No. 22-2, attaching documents certifying that the ship falls under paragraph (1) and which are issued by the competent Regional Authorities of Oceans and Fisheries, Korea Ship Safety Technology Authority under Article 45 of the Ship Safety Act, classification society under Article 60 (2) of the same Act, or a member of International Association of Classification Societies recognized by the Minister of Oceans and Fisheries or apply via information and communications network. <Amended on Jan. 3, 1990; Feb. 22, 1991; Dec. 15, 1997; Jul. 26, 2001; Oct. 17, 2005; Nov. 23, 2007; Mar. 14, 2008; and Mar. 24, 2013> |
[Title amended on May 18, 2012]
| Article 45-2(Criteria and Procedures on Passenger Ship Master’s Aptitude Test, etc.) |
| (1) | Criteria on passenger ship master’s aptitude test under Article 66-2 (1) of the Act and whether criteria thereof are met shall be in accordance with Attached Table 5-2. |
| (2) | Where passenger ship master’s aptitude test(hereinafter referred to as “aptitude test”) under Article 66-2 (1) of the Act confirms that the master meets the criteria thereof, the result shall be valid for three years from the date of confirmation(for two years where master is 65 years of age or older at the time when he/she takes aptitude test). |
| (3) | A person who intends to extend the period of validity of aptitude test under paragraph (2) may take another aptitude test before the expiration date of the validity period. In such cases, where the passenger ship master meets the criteria thereof, the period of validity shall begin from the day following the original expiration date. |
| (4) | Where a passenger ship master who met the criteria of aptitude test intends to be in service onboard another passenger ship of the same type navigating the same route within the period of validity, he/she may be exempted herefrom. |
| (5) | The competent Authorities of Oceans and Fisheries shall conduct aptitude tests more than six times per year. In such cases, an aptitude test committee consisting of more than five persons falling under any of the following sub-paragraphs shall be established to conduct the aptitude test: <Amended on Jan. 13, 2016> |
| 1. | A person with work experience for three years or more as a civil servant in fields related to shipping or ship safety; |
| 2. | A person after obtaining 2nd class or higher of certificate of competency of deck officer or engineer officer or operating officer and worked onboard a ship for 5 years or longer; |
| 3. | A person who is engaged in duties related to seafarer or ship safety for 10 years or longer in business with regard to shipping industry under sub-paragraph 1 of Article 2 of the Shipping Act; or |
| 4. | A person who has given lectures on subjects regarding the operation of a ship or engines of a ship for three years or longer either in a school or an institution falling under any of the following: |
| (a) | A school falling under any of sub-paragraphs 1 through 4 of Article 2 of the Higher Education Act; and |
[This Article newly introduced on Jul. 7, 2015]
| Article 46(Ships Exempted from Regulations on Hours of Work and Complement) |
Ships prescribed by “Ordinance of the Ministry of Oceans and Fisheries” under Article 68 (1) 4 of the Act shall mean ships navigating in near coastal waters. <Amended on Dec. 15, 1997; Mar. 14, 2008; May 18, 2012; Mar. 24. 2013>
[Title amended on May 18, 2012]
[Enforcement Date] The date on which「2006 the Maritime labour Convention」enters into force in the Republic of Korea.
| Article 46-2(Number of Days of Paid Leave) |
The number of days of paid leave for holidays due to a maternity protection leave under Article 70 (4) of the Act shall be 15/12 per month. However, paid leave less than one day shall be calculated as one day. <Amended on May 18, 2012>
[This Article newly introduced Aug. 28, 2008]
[The Previous Article 46-2 moved to Article 46-3 <Aug. 28, 2008>]
| Article 46-3(Calculation of Number of Days of Paid Leave Taken) |
The “period prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under sub-paragraph 3 of Article 71 of the Act shall mean a period falling under any of the following sub-paragraphs: <Amended on Mar 14, 2008; May 18, 2012; and Mar. 24, 2013>
| 1. | Reward vacation or vacation period of similar nature approved by shipowner; |
| 2. | Period at anchor due to rough weather, natural disaster or war; and |
| 3. | Period of shore leave under approval from master while at anchor. |
[This Article newly introduced on Mar 24, 1999]
[Moved from Article 46-2 and the Previous Article 46-3 moved to Article 46-4. <Aug. 28, 2008>]
| Article 46-4(Vessels of Paid Leave for Fisher to be applicable) |
“Fishing vessels engaged in fishery prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 74 (1) of the Act shall mean fishing vessels falling under any of the following sub-paragraphs: <Amended on Feb. 4, 2008; Mar. 14, 2008; Mar. 31, 2008; May 18, 2012; and Mar. 24, 2013>
| 1. | Fishing vessels engaged in fishery under sub-paragraph 2 of Article 2 of the Distant Water Fisheries Development Act; |
| 2. | Fishing vessels engaged in large purse seine fishery under the provision of the Attached Table 1 of the Rules on Fishery License and Reporting, etc.; and |
| 3. | Fishing vessels engaged in large pair trawl fishery under the Attached Table 1 of the Rules on Fishery License and Reporting, etc. |
[This Article newly introduced on Oct. 17, 2005]
[Moved from Article 46-3 and the Previous Article 46-4 moved to Article 46-5. <Aug. 28, 2008>]
| Article 46-5(Number of Days of Paid Leave of Fishers) |
The number of days of paid leave of seafarers of fishing vessels under Article 74 of the Act shall be 20 days for one continuous year of being in service onboard a ship. One day of paid leave shall be added for each month of further being in service onboard a ship exceeding one year. <Amended on May 18, 2012>
[This Article Newly Introduced Oct. 17, 2005]
[Moved from Article 46-4 and the Previous Article 46-5 moved to Article 46-6. <Aug. 28, 2008>]
| Article 46-6(Method of Granting Paid Leave for Seafarers of Fishing Vessel) |
| (1) | Where a seafarer has been in service onboard a ship for one continuous year, a shipowner under Article 46-4 shall grant him/her paid leave within three months thereafter; provided, however, that where a ship is on fishing operations or voyage, he/she may postpone paid leave until she ends the voyage. <Amended on Aug. 28, 2008> |
| (2) | A shipowner may grant paid leave the period of which is divided, as prescribed by a collective agreement or employment contract. |
| (3) | A shipowner and seafarers shall agree on a specific method of granting paid leave in addition to provisions under paragraphs (1) and (2). |
[This Article newly introduced on Oct. 17, 2005]
[Moved from Article 46-5 and the Previous Article 46-6 moved to Article 46-7. <Aug. 28, 2008>]
| Article 46-7(Paid Leave Allowance) |
| (1) | A shipowner under Article 46-4 shall pay ordinary wages to a seafarer who is on paid leave as a paid leave allowance. <Amended on Aug. 28, 2008> |
| (2) | Where a seafarer has not taken all or part of paid leave under Article 46-5, a shipowner under Article 46-4 shall pay paid leave allowance for the number of days of paid leave not taken in addition to wages. <Amended on Aug. 28, 2008> |
[This Article newly introduced on Aug. 17, 2005]
[Moved from Article 46-6. <Aug. 28, 2008>]
CHAPTER VI PROVISION OF MEALS, SAFETY AND HEALTH ON SHIP
| Article 47(Providing Meals on Ship) |
| (1) | A shipowner shall establish the Meals Provision Committee comprising more than five committee members including a master and a ship’s cook in charge of meals on each ship to ensure the proper amount and quality of meals onboard pursuant to Article 76 (1) of the Act and manage dietary conditions of seafarers; provided, however, that ships or shrimp trawls which do not call at foreign territory shall be exempted herefrom. <Amended on May 18, 2012> |
| (2) | Deleted <May 18, 2012> |
| Article 47-2(Training of a Ship’s Cook) |
“Training for a ship’s cook prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” in sub-paragraphs 1, 2 (a) and 2 (b) of Regulation 22 (1) of the Enforcement Decree shall mean the training for a ship’s cook under Attached Table 2.
[This Article newly introduced on Sep, 19, 2014]
| Article 47-3(Application for Qualification Examination for a Ship’s Cook) |
A person who wishes to apply for qualification examination for a ship’s cook under Regulation 22 (1) 1 of the Enforcement Decree(hereinafter referred to as “qualification examination for a ship’s cook”) shall submit an application form for taking an examination on Attached Form No. 22-3 to the President of the KIMFT. <Amended on Jan. 13, 2016>
[This Article newly introduced on Sep, 19, 2014]
| Article 47-4(Passing Criteria for Qualification Examination for a Ship’s Cook) |
The passing criteria for qualification examination for a ship’s cook shall be 60 points or more out of 100.
[This Article newly introduced on Sep. 19, 2014]
| Article 47-5(Issuance of Certificate of Ship’s Cook) |
| (1) | Where a person who is qualified as a ship’s cook wishes to have a ship’s cook certificate issued pursuant to Regulation 22 (1) of the Enforcement Decree, he/she shall submit an application form for issuance of certificate of ship’s cook on Attached Form No. 18-2 to the President of the KIMFT. |
| (2) | The president of the KIMFT to whom an application form for issuance of certificate of ship’s cook pursuant to paragraph (1) has been submitted shall issue a certificate of ship’s cook on Attached Form No. 23(including issuance via information and communications network). |
[This Article newly introduced on Sep. 19, 2014]
| Article 47-6(Matters Included in Criteria on Safety and Health on Ship and Accident Prevention) |
Other matters prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 79 (1) 8 of the Act shall mean the following matters:
| 1. | Regular inspection and maintenance of facilities and equipment on ship; |
| 2. | Protection of young seafarers and women seafarers; |
| 3. | Safety and protection against dangerous work or work with risk of exposure to harmful substances; |
| 4. | Matters pursuant to safety and health on ship and inspection of accident prevention and safety which seafarer labour inspector shall conduct under Article 125 of the Act at the order of the Minister of Oceans and Fisheries or the administrator of a Regional Office of Oceans and Fisheries; and |
| 5. | Other matters deemed necessary by the Minister of Oceans and Fisheries pursuant to safety and health on ship and accident prevention. |
[This Article newly introduced on Sep. 19, 2014]
| Article 47-7(Provision of Uniforms) |
Criteria on uniforms a shipowner shall provide to a seafarer who goes onboard a ship pursuant to Article 82 (7) of the Act and uniform regulations shall be as prescribed by Attached Table 5-3.
[This Article newly introduced on Jul. 7, 2015]
[The Previous Article 47-7 moved to Article 47-8 <Jul. 7, 2015>]
| Article 47-8(Responsibilities of Seafarers) |
“Matters prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries pursuant to the prevention of danger of work on a ship and maintenance of hygiene on a ship” under Article 83 (1) of the Act shall mean the following matters:
| 1. | Seafarers shall be aware of and observe criteria of safety, health and accident prevention on ship under Article 78 (1) 2 of the Act; |
| 2. | Seafarers shall comply with the instructions on signs which indicate either dangerous space on a ship or restricted area for seafarers; |
| 3. | Where seafarers engage in dangerous work such as work in a hold, welding, painting, work handling heavy objects, work involving electricity, fishing, work aloft, work on outer surface of hull, or de-icing, seafarers shall use protective equipment such as safety belt, safety harness, or lifejacket; and |
| 4. | Seafarers shall take thorough care of personal hygiene such as maintaining cleanliness of his/her residential environment. |
[This Article newly introduced on Sep. 19, 2014]
[Moved from Article 47-7 <Jul. 7, 2015>]
| Article 48(Medical Doctor in the Service of a Ship) |
| (1) | Where a shipowner intends to obtain approval under the partial proviso except the sub- paragraphs of Article 84 of the Act, he/she shall submit two copies of an application form with the following information to the competent Regional Authorities of Oceans and Fisheries: <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012> |
| 1. | Name, type, gross tonnage and navigation areas of the ship; |
| 2. | Maximum number of persons onboard and complement; |
| 3. | Desired approval period; and |
| (2) | Where regional competent maritime affairs and port authorities issue approval under paragraph (1), a medical care person under Article 85 of the Act shall be in service onboard a ship. <Amended on Dec. 15, 1997; Jun. 24, 1999; Mar. 14, 2008; and May 18, 2012> |
| (3) | “A fishing vessel engaged in mother ship type fishery prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 84 (2) of the Act shall mean a fishing vessel of 5,000 gross tonnage or more and the complement of which is 200 persons or more. <Amended on Dec. 15, 1997; Mar. 14, 2008; May 18. 2012; and Mar. 24, 2013> |
| Article 49(Medical Care Person) |
| (1) | Deleted <Apr. 13, 2007> |
| (2) | “A fishing vessel prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 85 (1) 2 of the Act shall mean a vessel of 300 gross tonnage or more; provided, however, that vessels trading near coastal waters, coastal waters or near continental waters shall be exempted therefrom. <Amended on Dec. 15, 1997; Jun. 24, 1999; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
[Title amended on Jun. 24, 1999]
| Article 50(Qualification Examination of Medical Care Person) |
| (1) | The qualification examination of medical care person under Article 85 (3) of the Act shall be divided into a written examination and a practical test and subjects shall be as follows; provided, however, that a person who passed the written examination thereof and completed the training course designated by the Minister of Oceans and Fisheries among the practical courses conducted by Korean Red Cross under the Organization of the Korean National Red Cross Act shall be exempted from practical test: <Amended on Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; Mar. 24, 2013; and Jan. 13, 2016> |
| 1. | Written examination: medical laws and regulations, elementary first aid, basic nursing, and public health; |
| 2. | Practical test: emergency first aid and nursing. |
| (2) | Where the President of the KIMFT intends to hold Qualification Examination of Medical Care Person under the provision of paragraph (1), the examination shall be published thereof and the examination date, venue, and other matters pursuant to the examination shall be made public 30 days prior to the examination. <Amended on Oct. 17, 2005; and Sep. 19, 2014> |
| (3) | A person who intends to apply for Qualification Examination of Medical Care Person under paragraph (1) shall submit an application form for taking an examination on Attached Form No. 22-3 to the President of the KIMFT. <Amended on May 18, 2012> |
| (4) | Where persons who passed Qualification Examination of Medical Care Person have been confirmed, the President of the KIMFT shall make public the list on the bulletin board of the KIMFT and the website thereof. <Amended on May 18, 2012> |
| (5) | The period of validity of passing the written examination of Qualification Examination of Medical Care Person shall be 2 years after the date the person passes the written examination. |
[Wholly amended on Jun. 24, 1999]
| Article 50-2(Passing Criteria for Qualification Examination of Medical Care Person) |
| (1) | A person who scores 40% or more of the full score in all subjects, and scores an average of 60% or more in all subjects shall pass the written examination under Article 50 (1). |
| (2) | A person who scores 60% or more of the full score in all subjects of the practical examination from the evaluator of each practical examination under Article 50 (1) shall pass the practical examination. |
[This Article newly introduced on Apr. 13, 2007]
| Article 51(Issuance of Certificate of Qualification to provide Medical Care) |
| (1) | A person who intends to be issued a certificate of qualification to provide medical care pursuant to Article 85 (3) of the Act shall submit an application form for issuance on Attached Form No. 18-2 to the President of KIMFT. <Amended on Feb. 22, 1991; Dec. 15, 1997; Mar. 24, 1999; Jun. 24, 1999; Oct. 17, 2005; and May 18, 2012> |
| (2) | The President of KIMFT to whom the application is submitted under paragraph (1) shall either issue a certificate of qualification to provide medical care on Attached Form No. 24(including issuance via information and communications network) or certify in the applicant’s seafarer’s book that the person has obtained a certificate of qualification to provide medical care. In such cases, the President of KIMFT shall notify such fact to the administrator of a Regional Office of Oceans and Fisheries which issued the seafarer’s book. <Amended on Feb. 22, 1991; Dec. 15, 1997; Mar. 24, 1999; Jun. 24, 1999; Oct. 17, 2005; Mar. 14, 2008; and May 18, 2012> |
[Title amended on Jun. 24, 1999; and May 18, 2012]
| Article 52(Affairs of Medical Care Person) |
| (1) | Affairs of medical care person under Article 85 (4) of the Act shall be as follows: <Amended on Jun. 24, 1999; May 18, 2012; and Jan. 8, 2014> |
| 1. | Health management and health instruction for seafarers; |
| 2. | Maintenance of hygiene of work and habitable environment on a ship; |
| 3. | Maintenance of hygiene of food and water; |
| 4. | Maintenance and keeping of medical equipment, medicine, other hygienic goods and medical books, etc.; |
| 5. | Management and preparation of medical care records on a ship; and |
| 6. | Matters pursuant to medical care of patients onboard a ship. |
| (2) | Maintenance and keeping of medical equipment and medicine under paragraph (1) 4 shall comply with medical related laws and regulations as well as International Labour Organization's Recommendation concerning the Contents of Medicine Chests onboard. <Amended on Jan. 8, 2014> |
| (3) | Master and medical care person shall record and manage medical records of patients onboard a ship in accordance with the standard medical report under Attached Form No. 25 (2). In such cases, information on the form shall be kept confidential. <Newly introduced on Jan. 8, 2014> |
[Title amended on Jun. 24, 1999]
| Article 52-2(Medical Institution for Health Check-up) |
| (1) | “Medical institutions which meet the standards prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 87 (1) of the Act shall mean medical institutions as follows: <Amended on Apr. 13, 2007; Mar. 14, 2008; Aug. 28, 2008; May 18, 2012; Mar. 24, 2013; and Jul. 7, 2015> |
| 1. | In case of seafarers who are in service onboard coastal fishing vessels: medical institution equal to or higher than a clinic level under the Medical Service Act; and |
| 2. | In case of other seafarers: Medical institutions for health check-up under Article 25 (4) of Enforcement Decree of the National Health Insurance Act(including medical institutions designated and published by the Minister of Oceans and Fisheries to be equivalent to the medical institutions for health check-ups) |
| (2) | Clinics which intend to conduct health check-ups of seafarers shall report to the competent Regional Authorities of Oceans and Fisheries, attaching documents proving they meet the standards prescribed by paragraph (1). <Amended on Mar. 14, 2008> |
| (3) | The competent Regional Authorities of Oceans and Fisheries which receive a medical institution for health check-up report under paragraph (2) shall notify other regional competent maritime affairs and port authorities of the fact(including notification via information and communications network designated and published by the Minister of Oceans and Fisheries). <Amended on Mar. 14, 2008; Mar. 14, 2008; and Mar. 24, 2013> |
[This Article newly introduced on Oct. 17, 2005]
| Article 53(Health Check-up) |
| (1) | A person who intends to be in service onboard ships trading near coastal waters, coastal waters or near continental waters shall take a general health check-up which includes examination items as follows: <Amended on Jul. 31, 1993; Dec. 15, 1997; Mar. 24, 1999; Jul. 26, 2001; and May 18, 2012> |
| 1. | Clinical examination on sensory organs, circulatory system, respiratory system, nervous system, and other systems; |
| 2. | Examination on eyesight, color vision, and hearing(only applicable to ship officers and deck watch-keeping ratings under sub-paragraph 3 of Article 2 of the Ship Officers' Act); |
| 3. | Examination of movement; |
| 4. | Height, weight, circumference of chest, differences of chest circumference, lung capacity, blood pressure, blood glucose(diabetes), SGOT, SGPT and HBsAg; |
| 5. | X-ray, ESR, sputum examination and X-ray on chest; |
| 8. | Psychiatric disorder and infectious disease; and |
| 9. | Deleted <Mar. 24, 1999> |
| (2) | Examination which the physician conducting health check-up decides is not necessary may be excluded in the examinations under the provisions of sub-paragraphs 4 through 7 of paragraph (1); provided, however, that this shall not apply to examinations of blood pressure, blood glucose(diabetes), SGOT, SGPT, HBsAg, X-Ray, or urine. <Amended on Dec. 15, 1997; and Mar. 24, 1999> |
| (3) | A person who intends to be in service onboard ships engaged in ocean waters under Article 15 (1) 4 of the Enforcement Ordinance of the Ship Safety Act shall take a special health check-up including examination items as follows in addition to the general health check-up: <Amended on Jan. 13, 2016> |
| 1. | CBC(anemia) examination; |
| 2. | Urine(special examination); and |
| 3. | Special examination of syphilis. |
| (4) | Criteria on general health check-up and special health check-up shall be based upon Attached Table 3. |
| (5) | Deleted <Mar. 24, 1999> |
| Article 54(Period of Validity of Check-up) |
The period of validity of the general health check-up under Article 53 (1) shall be 1 year (6 years for color vision examination) and 2 years for the special health check-up under paragraph 3 of the same Article(1 year for a person under 18 years of age); provided, however, that where the period of validity thereof expires on a voyage, the date when the voyage comes to an end(three months after the period of validity of health check-up expires where the period of validity of health check-up of seafarers who work onboard a ship other than fishing vessels expires on a voyage and where three months or longer are remained between the expiration date and the end of the voyage) shall be the expiration date thereof. <Amended on Dec. 15, 1997; Mar. 24, 1999; Jul. 26, 2001; May 18, 2012; and Jan. 8, 2014>
| Article 54-2(Issuance of Medical Certificate) |
Issuance of medical certificate under Article 87 (2) shall be in accordance with Attached Form No. 23-2; provided, however, that medical institutions shall send the certificate via information and communications network upon the issuance of medical certificate. <Amended on Oct. 17, 2005; and May 18, 2012>
[This Article newly introduced on Mar. 8, 2000]
| Article 55(Health Check-up Expenses) |
| (1) | Health check-up expenses incurred pursuant to Article 87 of the Act shall conform to the standards prescribed by Regulation 25 (7) of the Enforcement Decree of the National Health Insurance Act. <Amended on Oct. 17, 2005; Aug. 28, 2008; May 18, 2012; and Jul. 7, 2015> |
| (2) | Health check-up expenses under the provision of paragraph (1) shall be borne by a shipowner. |
[Wholly amended on Jul. 26, 2001]
| Article 55-2 Deleted <May 18, 2012> |
Chapter VII YOUNG SEAFARERS AND WOMEN SEAFARERS
| Article 56(Employment Approval of Young seafarers) |
A shipowner wishing to obtain employment approval of young seafarers pursuant to Article 91 (2) of the Act shall enter the date when the seafarer reaches 18 years of age in red on the boarding approval application and submit the application to the competent Regional Authorities of Oceans and Fisheries. <Amended on Dec. 15, 1997; Mar. 14, 2008; and May 18, 2012>
[Title amended on May 18, 2012]
Chapter VIII ACCIDENT COMPENSATION
| Article 56-2(Scope of Nursing) |
Scope of nursing a patient under sub-paragraph 5 of Article 95 of the Act shall be in accordance with the scope thereof under Article 11 of the Enforcement Decree of the Industrial Accident Compensation.
[This Article newly introduced on May 18, 2012]
Chapter IX WELFARE, EMPLOYMENT SECURITY, EDUCATION AND TRAINING
| Article 56-3(International Relations) |
“Business prescribed by the Enforcement Ordinance of Ministry of Oceans and Fisheries” under Article 108 (2) of the Act shall be as follows: <Amended on Mar. 24, 2013>
| 1. | Exchange of information regarding demand and supply of human resources for seafarers; |
| 2. | Exchange of information regarding seafarer’s labour laws; |
| 3. | Exchange and cooperation regarding seafarer recruitment and placement service; and |
| 4. | Exchange and cooperation regarding seafarer management business. |
[This Article newly introduced on May 18, 2012]
| Article 56-4(Scope of Organization and Institution for Seafarer’s recruitment and placement service) |
“An organization or institution related to maritime and fisheries prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 110 of the Act shall be an organization or institution falling under any of the following sub-paragraphs: <Amended on Mar. 24, 2013>
| 1. | National Federation of Fisheries Cooperatives under Fisheries Cooperatives Act; |
| 2. | Korea Shipping Association under Korea Shipping Association Act; or |
| 3. | An organization or institution related to seafarer recruitment and placement service and designated by the Minister of Oceans and Fisheries with advice from Policy Advisory Committee under Article 39-5. |
[This Article newly introduced on May 18, 2012]
| Article 57(Education and Training of Seafarers) |
| (1) | Participants in each training course, training program, and training period under the provision of Regulation 43 (2) of the Enforcement Decree shall be in accordance with attached Table 2. |
| (2) | Deleted <Jun. 24, 1999> |
| (3) | Deleted <Jul. 26, 2001> |
| (4) | Where the Minister of Oceans and Fisheries or the head of an training institution designated by the Minister of Oceans and Fisheries conducts training of seafarers, participants in the course shall be issued a certificate of completion of training on Attached Form No. 25 or the fact thereof shall be entered in seafarer’s books. <Amended on Jun. 24, 1999; Oct. 17, 2005; Mar. 14, 2008; May 18, 2012; and Mar. 24, 2013> |
| Article 57-2(Exemption of Training Expenses, etc.) |
“Training prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under the proviso of Article 117 (2) of the Act shall be as follows: <Amended on May 18, 2012; and Mar. 24, 2013>
| 1. | Basic safety training under Attached Table 2; and |
| 2. | Advanced safety training under Attached Table 2. |
[This Article newly introduced on May 25, 2009]
[The Previous Article 57-2 moved to Article 57-3 <May 25, 2009>]
Chapter X Rules of Employment
| Article 57-3(Reporting of Rules of Employment) |
| (1) | A shipowner who intends to report rules of employment pursuant to Article 119 (1) of the Act shall fill out and submit 2 copies of rules of employment or an electronic file thereof(only applicable when using information and communications network) to the administrator of a Regional Office of Oceans and Fisheries; provided, however, that the rules of employment of automated ships shall include matters pertaining to shore support system on facility inspection, maintenance, cargo handling, etc. while at anchor, and securing of operating officer with qualifications for manning standards for an automated ship. <Amended on Feb. 22, 1991; Dec. 15, 1997; Oct. 17, 2005; Mar. 14, 2008; and May 18, 2012> |
| (2) | The administrator of a Regional Office of Oceans and Fisheries shall confirm whether or not rules of employment under the provision of paragraph (1) are in violation of laws or collective agreement. <Amended on Dec. 15, 1997; and Mar. 14, 2008> |
[This Article newly introduced on Nov. 8, 1988]
[Moved from Article 57-2 <May 25, 2009>]
Chapter 10-2 Supervision, etc.
| Article 57-4(Handling Process of Lodged Complaint) |
The handling process of complaints lodged by seafarers with the competent Authorities of Oceans and Fisheries, seafarers labour inspector, or Seafarer labour Relations Commission pursuant to Article 129 (1) of the Act shall be in accordance with Attached Table 5-4. <Amended on Jul. 7, 2015>
[This Article newly introduced on Sep. 19, 2014]
| Article 57-5(Notification of Facts by Consul of the Republic of Korea, etc.) |
| (1) | Where a consul of the Republic of Korea pursuant to Regulation 49-3 (2) of the Enforcement Decree(hereinafter referred to as “consul”) performs administrative affairs on behalf of the competent Authorities of Oceans and Fisheries as prescribed by the sub-paragraphs of Regulation 49-3 (1) of the Enforcement Decree in a foreign country, he/she shall report the facts pursuant to the following sub-paragraphs to the head of relevant administrative agencies: |
| 1. | Personal information on reporter and others related to the administrative affairs performed by the consul; |
| 2. | Registry of a ship the administrative affairs of which the consul performed, name of ship(including IMO Number), and personal information on shipowner and master; |
| 3. | Details of the administrative affairs performed by the consul(where marine accidents are involved, date of accident, place, and accident explanation shall be included); |
| 4. | Matters requiring measures by relevant administrative agencies; and |
| 5. | Other information and documents with regard to the administrative affairs performed by the consul. |
| (2) | The head of a relevant administrative agency shall take necessary measures in accordance with Regulation 49-3 (3) of the Enforcement Decree and notify the consul of the facts of the following sub-paragraphs: |
| 1. | Overview of the consul’s notification details under Regulation 49-3 (2) of the Enforcement Decree; |
| 2. | Results of countermeasures or future action plan by related administrative agencies; |
| 3. | Other agencies with regard to the countermeasures taken by related administrative agencies; and |
| 4. | Other related information and documents. |
[This Article newly introduced on Sep. 19, 2014]
Chapter XI Maritime Labour Certificate and Declaration of Maritime Labour Compliance
| Article 58(Approval Procedure of Declaration of Maritime Labour Compliance) |
| (1) | A shipowner wishing to obtain approval of Declaration of Maritime Labour Compliance pursuant to Article 136 (1) of the Act shall submit part 1 of Declaration of Maritime Labour Compliance for 2006 Maritime Labour Convention on Attached Form No. 26 and part 2 of Declaration of Maritime Labour Compliance for 2006 Maritime Labour Convention on Attached Form No. 27 to the administrator of a Regional Office of Oceans and Fisheries. |
| (2) | The Administrator of a Regional Office of Oceans and Fisheries to whom the approval application of Declaration of Maritime Labour Compliance is submitted under paragraph (1) shall verify whether it passed the initial inspection for certification under Article 58-3 and determine whether or not to approve the application thereof. |
| (3) | Where the Declaration of Maritime Labour Compliance is approved under paragraph (2), the Administrator of a Regional Office of Oceans and Fisheries shall issue both Declaration of Maritime Labour Compliance under Attached Form No. 27 and Maritime Labour Certificate under Attached Form No. 28. |
[Newly introduced on May 18, 2012]
| Article 58-2(Contents and Format of Declaration of Maritime Labour Compliance) |
| (1) | Contents to be included in Declaration of Maritime Labour Compliance pursuant to Article 136 (2) of the Act shall be as follows: |
| 1. | Minimum age of seafarers; |
| 2. | Medical certification; |
| 3. | Qualifications of seafarers; |
| 4. | Seafarers’ employment agreements; |
| 5. | Seafarers’ recruitment and placement services; |
| 6. | Hours of work or rest; |
| 7. | Manning levels for the ship; |
| 9. | On-board recreational facilities; |
| 11. | Health and safety and accident prevention; |
| 12. | On-board Medical care; |
| 13. | On-board complaint procedures; and |
| (2) | The format of Declaration of Maritime Labour Compliance under Article 136 (2) shall be in accordance with Attached Form No. 26 and Attached Form No. 27. |
[This Article newly introduced on May 18, 2012]
| Article 58-3(Inspection for Certification) |
| (1) | A shipowner who intends to take an inspection for certification pursuant to Articles 137 (1), (3), and (4) of the Act shall submit an application for inspection for certification on Attached Form No. 30 to the Administrator of a Regional Office of Oceans and Fisheries. <Amended on Jan. 18, 2014> |
| (2) | The Administrator of a Regional Office of Oceans and Fisheries to whom the inspection for certification application under paragraph (1) is submitted shall have either a Maritime Labour Inspector under Article 139 of the Act or a Recognized Organization of Inspection for certification(hereinafter referred to as "RO of inspection for certification") under Article 140 (1) of the Act thereof verify whether or not any sub-paragraphs of Article 58-2 (1) and the following sub-paragraphs comply with seafarer-related laws and 2006 Maritime Labour Convention; provided, however, that in case of interim inspection for certification and additional inspection for certification, this is only applicable to the facts related to the reasons for the inspection. <Amended on Jan. 8, 2014> |
| 1. | Seafarers’ rights to paid leave; |
| 2. | Seafarers’ rights to repatriation ; |
| 3. | Maintenance of copy of 2006 Maritime Labour Convention; |
| 4. | Shipowner’s liabilities on accident compensation for seafarers; and |
| 5. | Providing social security protection for seafarers. |
| (3) | Where deemed necessary for Inspection for certification under paragraph (2), the Administrator of a Regional Office of Oceans and Fisheries or an RO may request that relevant administration agencies, public institutions or groups present related documents or opinions, or cooperate on other matters. |
| (4) | Where an RO of Inspection for certification conducts an Inspection for certification, it shall report it to the Administrator of a Regional Office of Oceans and Fisheries of the results without any delay after the inspection ends. <Newly introduced on Jan. 8, 2014> |
[This Article newly introduced on May 18, 2012]
| Article 58-4(When to Conduct Intermediate Inspection for Certification, etc.) |
| (1) | “The period prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 137 (1) 3 of the Act shall be within 6 months before and after the date when initial date of reckoning of the period of validity of Maritime Labour Certificate will have lapsed two and a half years. <Amended on Mar. 24, 2013> |
| (2) | “Reasons prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries including change of a ship’s flag” under Article 137 (3) of the Act shall mean reasons thereof falling under any of the following sub-paragraphs: <Amended on Mar. 24, 2013> |
| 1. | A new ship on delivery; |
| 2. | Change of a ship’s flag; or |
| 3. | Change of a shipowner. |
| (3) | “Reasons prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries such as substantial alteration of crew accommodation on a ship or arising of a labour dispute on a ship” under Article 137 (4) of the Act shall mean reasons falling under any of the following sub-paragraphs: <Amended on Mar. 24, 2013> |
| 1. | Substantial alteration of crew accommodation on a ship; |
| 2. | Arising of a labour dispute involving working conditions or living conditions of seafarers; or |
| 3. | Death of a seafarer or major occupational accidents resulting from violations of working conditions or living conditions of seafarers. |
| (4) | “Cases prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” under Article 137 (6) of the Act shall mean cases falling under any of the following sub-paragraphs: <Newly introduced on Jan. 8, 2014> |
| 1. | Where a ship undergoes an inspection pursuant to Article 8 through Article 12 of the Ship Safety Act, or in case of a sea trial to obtain a type approval under Article 18 (1) of the same Act; or |
| 2. | Where Inspection for certification is deemed impossible due to natural disaster, etc. |
[This Article newly introduced on May 18, 2012]
| Article 58-5(Issuance of Maritime Labour Certificate, etc.) |
| (1) | Maritime Labour Certificate for the initial Inspection for certification or renewal inspection for certification under Article 138 (1) shall conform to Attached Form No. 28. |
| (2) | Where the inspection outcomes of the intermediate Inspection for certification or additional inspection for certification are entered on a Maritime Labour Certificate pursuant to Article 138 (3) of the Act, the following sub-paragraphs shall be indicated: |
| 4. | Entity of inspection; and |
| 5. | Name and title of a person in charge of inspection. |
| (3) | An Interim Maritime Labour Certificate under Article 138 (4) of the Act shall conform to Attached Form No. 29. |
| (4) | The calculation of period of validity under Article 138 (6) shall conform to Regulation 50-3 (2) of the Enforcement Decree. |
| (5) | Where a shipowner loses either Maritime Labour Certificate(including an interim Maritime Labour Certificate. Hereinafter the same shall apply in this paragraph) or Declaration of Maritime Labour Compliance, or is unable to use either of them because of its wear and tear, he/she shall submit an application form for re-issuance of Maritime Labour Certificate(Declaration of Maritime Labour Compliance) on Attached Form No. 31, attaching the documents as follows to either the Administrator of a Regional Office of Oceans and Fisheries or head of RO of inspection for certification. |
| 1. | Statement of reasons for re-issuance; and |
| 2. | The original copy of either Maritime Labour Certificate or Declaration of Maritime Labour Compliance(only applicable to cases of wear and tear). |
[This Article newly introduced on May 18, 2012]
| Article 58-6(Qualifications for Maritime Labour Inspector) |
| (1) | “Qualifications prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” prescribed by sub-paragraphs of Article 139 of the Act shall mean qualifications thereof falling under any of the following sub-paragraphs: <Revised on Mar. 24, 2013; and Jan. 8, 2014> |
| 1. | A person who graduated from departments related to nautical science or marine engineering at either universities and colleges or junior colleges related to maritime and fisheries(universities and colleges or junior colleges under sub-paragraph 1 and 4 of Article 2 of Higher Education Act) and has a seagoing service in international voyages for two years or longer; |
| 2. | A person who has either worked as a seafarers’ labour supervisor under Article 125 of the Act, or worked as a civil servant in fields related to shipping or ship safety for three years or longer; |
| 3. | A person who served as a full-time lecturer or higher at a school under Article 2 of the Higher Education Act for 3 years or longer(only applicable to fields such as seafarer management, seafarer labour, or ship safety); |
| 4. | A person who has worked for either Korea Ship Safety Technology Authority or a classification society under Articles 45 and 60 (2) of the Ship Safety Act either as a ship inspector or ship surveyor under Articles 76 and 77 of the same Act thereof for 5 years or longer; and |
| 5. | A person who has been engaged in affairs related to seafarer management, seafarer labour, or ship safety at a business related to the shipping industry under sub- paragraph 1 of Article 2 of the Shipping Ac for 10 years or longer. |
| (2) | The Minister of Oceans and Fisheries shall conduct relevant training on 2006 Maritime Labour Convention for Maritime Labour Inspectors at least once a year. <Amended on Jan. 8, 2014.> |
| (3) | Identification card of Maritime Labour Inspector shall conform to Attached Form No. 31-2. <Newly Inserted on Jan. 8, 2014> |
| (4) | Where the Minister of Oceans and Fisheries issues an identification card of Maritime Labour Inspector under paragraph (3), he/she shall keep and manage the issuance record thereof. <Newly introduced on Jan. 8, 2014> |
| (5) | Where an Maritime Labour Inspector go onboard a ship to perform affairs prescribed by sub-paragraphs of the Article 139 of the Act, he/she shall present an identification card to a master etc. and inform his/her intention. <Newly introduced on Jan. 8, 2014> |
[This Article newly introduced on May 18, 2012]
| Article 58-7(Application Process for RO of Inspection for certification, etc.) |
| (1) | An RO which intends to obtain approval as an RO of Inspection for certification under Article 140 (1) of the Act shall an application form for designation of RO on Attached Form No. 32 to the Minister of Oceans and Fisheries, attaching documents as follows. In such cases, the Minister of Oceans and Fisheries shall verify a certificate of registration of corporation(only applicable to corporations) by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Mar. 24, 2013> |
| 1. | Documents proving suitability to the designated standards under Article 58-8 (1); |
| 2. | Document pursuant to operation plan of inspection for certification; |
| 3. | Internal rules on criteria and procedure of affairs of inspection for certification; and |
| 4. | Articles of association(only applicable to corporations) |
| (2) | Where the designation application is deemed appropriate under paragraph (1), the Minister of Oceans and Fisheries shall designate the applicant as RO of inspection for certification and issue a certificate thereof in accordance with Attached Form No. 33. <Amended on Mar. 24, 2013> |
| (3) | An RO of Inspection for certification shall report operation performance to the Minister of Oceans and Fisheries within 10 days from the last day of every quarter pursuant to Article 140 (5). <Amended on Mar. 24, 2013> |
[This Article newly introduced on May 18, 2012]
| Article 58-8(Designation Criteria for RO of Inspection for certification, etc.) |
| (1) | Designation criteria for RO of inspection for certification under Article 140 (2) of the Act shall be as follows: |
| 1. | To have a dedicated organization specializing in inspection for certification affairs; |
| 2. | To have 7 or more persons with qualifications to be engaged in inspection for certification affairs; |
| 3. | To have 11 or more regional offices. In such cases, the RO shall have 1 or more regional offices in either metropolitan cities and provinces or special self-governing provinces. |
| 4. | Deleted <Jan. 8, 2014> |
| (2) | Qualifications of a person who can engage in inspection for certification affairs under Article 140 (2) of the Act shall conform to Article 58-6. |
[This Article newly introduced on May 18, 2012]
| Article 58-9(Process for Filing an Objection, etc.) |
| (1) | A person who intends to file an objection pursuant to Article 141 (1) of the Act shall submit a application form for filing objection on Attached Form No. 34 to the Minister of Oceans and Fisheries, attaching a statement of reasons. <Amended on Mar. 24, 2013> |
| (2) | Where the filing of objection is deemed appropriate under paragraph (1), the Minister of Oceans and Fisheries shall have either the Administrator of a Regional Office of Oceans and Fisheries or an RO of inspection for certification conduct re-evaluation within 2 weeks. <Amended on Mar. 24, 2013> |
[This Article newly introduced on May 18, 2012]
| Article 58-10(Fees of Inspection for certification) |
Fees of inspection for certification under Article 137 (1) of the Act shall conform to Attached Table 6.
[This Article newly introduced on May 18, 2012]
Chapter XII Supplementary Provisions
| (1) | Fees for services under Article 155 of the Act shall be as follows: <Amended on Feb, 22, 1991; Mar. 24, 1999; Jun. 24, 1999; Oct. 17, 2005; and May 18, 2012> |
| 1. | Issuance and re-issuance of seafarer’s book: 10,000 won per person; |
| 2. | Various types of certification, approval and verification: 1,000 won per person; |
| 3. | Correction of seafarer’s book for reasons imputable to applicant: 1,000 won per person; |
| 4. | Issuance of Safe Manning Document: 2,000 won per issuance; |
| 5. | Application fee of a certificate of qualfication to provide medical care examination: 5,000 won per person; |
| 6. | Issuance of various types of certificates: 2,000 won per person; and |
| 7. | Correction or re-issuance of seafarer's identity document: 3,000 won per person. |
| (2) | Except for cases where the port operation information network is used under the Port Act, fees under paragraph (1) shall be paid in revenue stamps; provided, however, that where the affairs under paragraph (1) are processed by Korea Seafarer's Welfare & Employment Center and President of the KIMFT under Article 142 of the Act, fees shall be paid in cash in revenue of either Korea Seafarer's Welfare & Employment Center or the KIMFT. <Amended on Apr, 22, 1996; Mar. 24, 1999; Jun. 24, 1999; Mar. 8, 2000; Jul. 26, 2001; Oct. 17, 2005; and May 18, 2012> |
| (3) | Where a consul performs administrative affairs of seafarers on behalf of the competent Regional Authorities of Oceans and Fisheries, he/she may pay the fees under the provision of paragraph (1) in the converted currency of his/her country of residence against the exchange rate on the date of paying. <Amended on Dec. 15, 1997; and Mar. 14 2008> |
| (4) | The administrator of a Regional Office of Oceans and Fisheries, Korea Seafarer's Welfare & Employment Center, President of the KIMFT or a consul may request that fees be paid by methods such as electronic currency or electronic payment in addition to the methods thereof under paragraphs (2) and (3). <Newly Inserted on Aug. 7, 2004; and Dec. 31, 2008> |
| (5) | The president of the KIMFT shall return application fees of certificate of proficiency examination for the medical care person paid pursuant to paragraph (1) 5 in accordance with sub-paragraphs as follows: <Newly Inserted on Apr. 1. 2011> |
| 1. | Where the application fee has been overpaid or erroneously paid: the full amount overpaid or erroneously paid; |
| 2. | Where applicants were unable to take examination for reasons imputable to KIMFT: the full fees paid; |
| 3. | Where application is cancelled within the receiving period of application form: the full fees paid; |
| 4. | Where application is cancelled within 7 days from the day after the day on which receiving of application closes: 60/100 of the fees paid; and |
| 5. | Where the examination day has yet to pass and application is cancelled within 7 days from the date when the period prescribed under sub-paragraph 4 has expired: 50/100 of the fees paid. |
| Article 59-2(Training Institutions of Seafarers) |
“Other training institutions of seafarers” as prescribed in Article 117 (1) of the Act shall mean the Recognized training institutions under sub-paragraph 7 of Regulation 2 of the Enforcement Decree of the Ship Officers' Act.
[Wholly amended on May. 18, 2012]
| Article 59-3 Deleted. <May 18, 2012> |
| Article 60 Deleted. <Aug. 28, 2008> |
| Article 61(Issuance of Seafarer’s book for Persons who are in the Service of Foreign Ships, etc.) |
| (1) | The competent Regional Authorities of Oceans and Fisheries may apply mutatis mutandis the rules as prescribed by Articles 21 through 35, Article 37, and Article 38 to a person who intends to be in service onboard foreign ships which do not fall under the application scope under the provision of Article 3 of the Act. <Amended on Dec. 15, 1997; Jan. 8, 2014> |
| (2) | Where a person who is issued with seafarer’s book and intends to be in service onboard foreign ships departs from the Republic of Korea, he/she shall have his/her seafarer’s book certified by a regional competent maritime affairs and port authorities office. <Amended on Dec. 15, 1997; and Oct. 17, 2005> |
| Article 62(Review of Control) |
| (1) | The Minister of Oceans and Fisheries shall review the appropriateness of the disciplinary committee under Article 16 every three years from the record date of January 1, 2014 (before January 1 of every third year) and take correctional measures, etc. <Amended on Dec. 31, 2014> |
| (2) | The Minister of Oceans and Fisheries shall review the appropriateness of the matters of the following sub-paragraphs every two years(before the same day as the record date of every second year) and take correctional measures, etc.: <Newly introduced on Dec. 31, 2014> |
| 1. | Reporting and investigation on ship operation under Article 15: January 1, 2015; |
| 2. | Restrictions on strike under Article 17: January 1, 2015; |
| 3. | Matters to be included in Seafarers’ employment agreement under Article 20: January 1, 2015; |
| 4. | Official certification application of seafarer’s list under Article 21: January 1, 2015; |
| 5. | Approval application of cases where the submission of seafarer’s list under Article 22 is impossible: January 1, 2015; |
| 6. | Approval application of cases where the submission of seafarer’s book is impossible under Article 23: January 1, 2015; |
| 7. | Confirmation of application of boarding certification under Article 27: January 1, 2015; |
| 8. | Certification of seafarer’s book after returning to Republic of Korea under Article 30: January 1, 2015; |
| 9. | Certification of approval of loss of seafarer’s book, etc. under Article 31: January 1, 2015; |
| 10. | Issuance application of Identity cards, etc. under Article 34-2: January 1, 2015; |
| 11. | Special exemption concerning qualifications of seafarers, etc. under Article 45: January 1, 2015; |
| 12. | The number of days of paid leave for seafarers under Article 46-5: January 1, 2015; |
| 13. | Health check-up under Article 53: January 1, 2015; and |
| 14. | Report of rules of employment under Article 57-3: January 1, 2015. |
[This Article newly introduced on Dec. 30, 2013]
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 830, Dec. 20, 1985>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation. |
| (2) | (Revocation to Other Statutes) The rules on food supply to Seafarers were revoked. |
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 871, Dec. 7, 1987> (Enforcement Ordinance of the Ship Safety Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Amendment to Other Statutes)
Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows. Article 43 (3) shall be amended and paragraphs (4) and (5) of the same Article shall be newly introduced as follows:
| (3) | A ship under the provision of Regulation 21 (3) of the Enforcement Decree shall have the number of seafarers qualified in survival craft, rescue boats or fast rescue boats onboard as set out in the following sub-paragraphs(one seafarer in case of a ship trading coastal waters) per each survival craft, rescue boat or fast rescue boat and life-raft(excluding inflated life-raft in case of a ship trading coastal waters(hereinafter referred to as "survival craft, etc") to be carried; provided, however, that the number may be reduced with permission from a Maritime and Port Administration for a ship carrying less number of seafarers than what is certified to carry: |
| 1. | Survival craft with capacity of 40 persons or less : two; |
| 2. | Survival craft with capacity of 41 up to 61: three; |
| 3. | Survival craft with capacity of 62 up to 85: four; |
| 4. | Survival craft with capacity of 86 persons or more: five; and |
| 5. | Rescue boat or fast rescue boat: two. |
| (4) | The master shall arrange seafarers qualified in survival craft, rescue boats and fast rescue boats on each survival craft, etc. and designated seafarers in commander thereof. |
| (5) | Seafarers qualified in survival craft, rescue boats and fast rescue boats shall be responsible for the jobs falling under the following sub-paragraphs: |
| 1. | Ascertain whether food, water, sailing equipment, and other supplies are loaded on survival craft, etc., lower survival craft, etc. and command while crew and passengers go onboard survival craft, etc.; |
| 2. | Command or assist in operating survival craft, etc.; |
| 3. | Line throwing gun, life buoys, and other rescue equipment; and |
| 4. | Maintain and manage survival craft, etc. and other rescue equipment(excluding lifejackets). |
Articles 3 through 5 Omitted.
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 891, Nov. 8, 1988>
This Enforcement Ordinance shall enter into force on the date of its promulgation. The amended provisions under Article 13 (2) 5 shall enter into force on the 60th day following the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 917, Jan. 3, 1990>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 1010, Jul. 31, 1993>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions on new training course in Attached Table 2 shall enter into force on Mar. 1, 1991. |
| (2) | (Transitional measures on a person who completed a training course) A person, who completed a training course which the Administrator of Maritime Affairs and Port Administration recognizes that the training course is equal to the level of the training course under these provisions in training courses under the former provisions at the time when this Enforcement Ordinance enter into force, shall be deemed to complete the training course under the provisions of this Enforcement Ordinance. |
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 1010, Jul. 31, 1993>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Construction and Transport No. 64, Dec. 7, 1987>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3
| (3) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
Article 59 (2) shall be amended as follows:
| (2) | Except for cases where the port operation information network is used under the Port Act, fees under the provision of paragraph (1) shall be paid in revenue stamps; provided, however, that in case of the President of seafarer's training institution issues a certificate of qualification to provide medical care, fees shall be paid in cash in revenue of a seafarer's training institution. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 36, Dec. 15, 1997>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures on a person who completed a training course) A person, who completed the training course for safety and prevention of marine accidents in training courses under the former provisions at the time when this Enforcement Ordinance enter into force, shall be deemed to complete the basic safety training and advanced safety training under the amended provisions of Attached Table 2. |
| (3) | (Transitional measures on basic safety training) A person, who is in service onboard a merchant ship less than 200 gross tonnage that is sailing more than near coastal waters, shall be completed the basic safety training under the amended provisions of Attached Table 2 within Dec. 31, 1998. |
| (4) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 70, Sep. 5, 1998> (Enforcement Ordinance of the Ship Safety Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 17 Omitted.
Article 8(Amendment to Other Statutes)
| (3) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
In Article 2, the term "sub-paragraph 1 of Regulation 9 of the Enforcement Decree of the Ship Safety Act" shall be replaced with "sub-paragraph 2 of Regulation 2 of the Enforcement Decree of the Ship Safety Act"; the term "sub-paragraph 2 of Regulation 9 of the same Enforcement Decree" shall be replaced with "sub-paragraph 2 of Regulation 20 of the Enforcement Decree of the same Act"; and the term "sub-paragraph 3 of Article 9 of the same Enforcement Decree" shall be replaced with "Article 26 (4) of the Enforcement Ordinance of the same Act."
Article 9(Relationship with Other Acts)
Where the former provisions were cited in other Acts at the time this Enforcement Ordinance enters into force, the related provisions of this Enforcement Ordinance shall be regarded as referring to the related provisions of this Enforcement Ordinance instead of by the former provisions.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 109, Mar. 24, 1999>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance within Jun. 30, 1999. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 123, Jun. 24, 1999>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions of Article 59-2 shall enter into force on Jul. 16, 1999. |
| (2) | (Transitional measures on a person who completed a training course) A person, who completed the training course for tanker and hygiene management in training courses under the former provisions at the time when this Enforcement Ordinance enter into force, shall be deemed to complete the basic tanker training and medical care person training under the amended provisions of Attached Table 2, respectively. |
| (3) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance within Jun. 30, 1999. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 133, Aug. 24, 1999> (Enforcement Ordinance of the Marine Accidents Inquiry Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Amendment to Other Statutes)
| (9) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
In the proviso of Article 15 (3), the term "marine accident" shall be replaced with "marine accident."
| (10) | through (15) Omitted. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 141, Sep. 16, 1999>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures on basic safety training) A person, who is in service onboard a Ro-Ro passenger ship as a rating and completed the training course for basic safety training and basic training for Ro-Ro passenger ship under the former provisions at the time when this Enforcement Ordinance enter into force, shall be deemed to complete the basic safety training under the amended provisions of Attached Table 2. |
| (3) | (Transitional measures on other training for passenger ship) A person, who is in service onboard a passenger ship other than Ro-Ro passenger ship as a ship officer, shall complete the other training for passenger ship under the amended provisions of Attached Table 2 within a year from the enforcement date of this Enforcement Ordinance. |
| (4) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance within Sep. 30, 1999. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 160, Mar. 8, 2000>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions of Articles 34 and 35 shall enter into force on Apr. 1, 2000. |
| (2) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance within Sep. 30, 1999, and notwithstanding the provisions of Article 59, where a seafarer's book was reissued within the same date, fee for reissuing of seafarer's book shall be exempted. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 197, Jul. 26, 2001>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Transitional measures on passenger ship training)
| (1) | A person, who completed a training for Ro-Ro passenger ship or other passenger ship in training courses under the former provisions at the time when this Enforcement Ordinance enter into force, shall be deemed to complete the advanced passenger ship training under the amended provisions of Attached Table 2. |
| (2) | A person, who is in service onboard a passenger ship engaged in international voyage as a rating, shall complete the passenger ship training under the amended provisions of Attached Table 2 within Dec. 31, 2002. |
Article 3(Transitional measures under amendment of form)
Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in conjunction with the form under this Enforcement Ordinance within Dec. 31, 2001.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 222, Jun. 11, 2002>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 277, Aug. 7, 2004> (Amended provisions in the Enforcement Ordinance of the Public Order in Open Ports Act, etc. for Electronic Processing of Civil Petitions)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 312, Oct. 17, 2005>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that from among the amended provisions of Article 3, Article 34-2, Article 35, Article 37, Article 38 and Article 59, the matters on seafarers' identity document shall enter into force on the date of its promulgation; the amended provisions of Article 17 shall enter into force on Apr, 1, 2006; and from among the amended provisions of Article 26 (1) 3-2, Articles 39 through 39-4, the matters on the subscription to wage claims guarantee insurance, etc. of the shipowner of a fishing boat engaged in the continental fishery under the provisions of Article 41 of the Fisheries Act shall enter into force on Jul, 1, 2006. |
| (2) | (Postponement of application on a person who shall complete basic safety training) Ship officers, who are in service onboard a fishing vessel of 20 gross tonnage or more but less than 25 gross tonnage at the time when this Enforcement Ordinance enter into force may complete safety training of technique under the amended provisions within a year from the enforcement date of this Enforcement Ordinance. |
| (3) | (Transitional measures under amendment of form) Forms that are used under the former provisions at the time when this Enforcement Ordinance enter into force may use in parallel with the form under this Enforcement Ordinance within Dec. 31, 2005; provided, however, that the seafarer's book under Attached Form No. 16 may use in parallel within Dec. 31, 2006. |
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 367, Apr. 13, 2007>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 381, Aug. 17, 2007>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 390, Nov. 23, 2007> (Enforcement Ordinance of the Ship Safety Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 22 Omitted.
Article 23(Amendment to Other Statutes)
| (6) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
In Article 2, the term "under the provision of sub-paragraph 2 of Regulation 2 of the Enforcement Decree of the Ship Safety Act" shall be replaced with "under Regulation 2 (1) 3 (a) of the Enforcement Decree of the Ship Safety Act"; the term "under the provision of sub-paragraph 3 of Regulation 2 of the Enforcement Decree of the same Act" shall be replaced with "under Regulation 2 (1) 3 (b) of the Enforcement Decree of the same Act"; and the term "under the provision of Article 26 (4) of the Enforcement Ordinance of the same Act" shall be replaced with "under Article 15 (4) of the Enforcement Ordinance of the same Act."
In Article 45 (3), the term "Ship Inspection Technology Association under the provisions of Article 7 of the Ship Safety Act, classification legal person under the proviso of Article 8 (1) of the same Act" shall be replaced with "Korea Ship Safety Technology Authority under Article 45 of the Ship Safety Act, classification legal person under Article 60 (2) of the same Act."
In Article 53 (3), the term "under the provision of Article 26 (5) of the Enforcement Ordinance of the Ship Safety Act" shall be replaced with "under Article 15 (5) of the Enforcement Ordinance of the Ship Safety Act."
| (7) | through (14) Omitted. |
Article 24 Omitted.
ADDENDA <Enforcement Ordinance of the Ministry of Maritime Affairs and Fisheries No. 408, Feb. 4, 2008> (Enforcement Ordinance of the Distant Water Fisheries Development Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on Feb. 4, 2008.
Articles 2 Omitted.
Article 3(Amendment to Other Statutes)
| (1) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
In sub-paragraph 1 of Article 46-3, the term "Article 41 (1) 2 of the Fisheries Act" shall be replaced with "sub-paragraph 2 of Article 2 of the Distant Water Fisheries Development Act."
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 4, Mar. 14, 2008> (Rules on appraisal and assessment under amendment of the Government Organization Act)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 4, Mar. 31, 2008> (Rules on permission and reporting, etc. of fishery)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
Article 13(Amendment to Other Statutes)
Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows:
Article 46-3
In sub-paragraphs 2 and 3, the term "Rules on fishery permission and reporting, etc." shall be replaced with "Rules on permission and reporting, etc. of fishery", respectively.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 45, Aug. 28, 2008>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 80, Dec. 19, 2008>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 89, Dec. 31, 2008> (Act on the organization of the Ministry of Land, Transport and Maritime Affairs including affiliated office)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Amendment to Other Statutes)
| (1) | through (10) Omitted. |
| (11) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
In the latter part other than each sub-paragraph of Article 34, the term "competent Regional Authorities of Maritime Affairs and Fisheries" shall be replaced with "competent Regional Authorities of Maritime Affairs and Port."
In Article 59 (4), the term "the Administrator of the Regional Maritime Affairs and Fisheries Office" shall be replaced with "the Administrator of the Regional Maritime Affairs and Port Office."
In page 1 of Attached Form No. 16, the term "MINISTER OF MARITIME AFFAIRS AND PORT" shall be replaced with "MINISTER OF LAND, TRANSPORT AND MARITIME AFFAIRS"; and, in page 53 of the same Form, the term "THE MINISTER OF MARITIME AFFAIRS AND PORT" shall be replaced with "THE MINISTER OF LAND, TRANSPORT AND MARITIME AFFAIRS."
In Attached Form No. 17-8, the term "the Minister of Maritime Affairs and Fisheries" shall be replaced with "the Minister of Land, Transport and Maritime Affairs."
In Attached Form No. 24, the term "the Minister of Maritime Affairs and Fisheries" shall be replaced with "the Minister of Land, Transport and Maritime Affairs"; and the term "THE MINISTER OF MARITIME AFFAIRS AND FISHERIES" shall be replaced with "THE MINISTER OF LAND, TRANSPORT AND MARITIME AFFAIRS."
In Attached Form No. 25, the term "the Minister of Maritime Affairs and Fisheries" shall be replaced with "the Minister of Land, Transport and Maritime Affairs."
| (12) | through <22> Omitted. |
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 132, May. 25, 2009>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on Aug. 7, 2009.
Article 2(Applicable example)
The amended provisions of Article 57-2 shall be applied to the first person to apply a training after this Enforcement Ordinance enters into force.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 147, Jul. 1, 2009> (Part of amended provisions of the Rules on evacuation, fireproof construction, etc. of building, etc. for temporary postponement of administrative regulation, etc.)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on Jul. 1, 2009.
Article 2(Applicable example under the amendment of the Enforcement Ordinance of the Trucking Transport Business Act)
The amended provisions of paragraph 9 of Remarks on Attached Table 1 of the Enforcement Ordinance of the Trucking Transport Business Act shall be applied to the first case to apply a permission of approval of delivery trucking transport business after this Enforcement Ordinance enters into force.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 345, Apr. 1, 2011>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 350, Apr. 11, 2011> (Part of amended provisions of the Enforcement Ordinance of the Restitution of Development Gains Act, etc. for sharing a Administrative Information and reduction of paperwork)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Infrastructure and Transport No. 465, May 18, 2012>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.; provided, however, that the amended provisions of the following sub-paragraphs shall enter into force on the date as follows:
| 1. | The amended provisions of Article 20, Article 40, Article 46 and Article 15 (3) of Addenda(only applicable to the amended provisions of Article 5 (1) of the Rules on Seafarers Labour Inspector’s Duties): The date on which the Maritime Labour Convention, 2006 enters into force in the Republic of Korea; |
| 2. | The amended provisions of Article 42: 3 months after the date of its promulgation; |
| 3. | The amended provisions of Article 47 (2): February 6, 2015; |
| 4. | The amended provisions of Article 50 (1) 1: a year after the date of its promulgation; and |
| 5. | The amended provisions of Articles 53 (1) 2 and 8, Article 54, Attached Table 2(only applicable to the amended provisions on ship safety training) and Attached Table 3: 3 months after the date of its promulgation. |
Article 2(Transitional Measures on Enforcement Date)
The former provisions corresponding thereto shall apply before the amended provisions under sub-paragraphs 1 and 3 of Article 1 of Addenda enter into force, and statutes cited in the former provisions shall be deemed cited in the former Seafarers' Act which is applicable pursuant to Article 2 of the Addenda of the wholly amended provisions of Seafarers' Act No. 11024.
Article 3(Applicable Example on Crew Accommodation, etc.)
The amended provisions of Article 10 (4) shall be applied to the first ship to depart after this Enforcement Ordinance enters into force.
Article 4(Applicable Example concerning Repatriation Cost of Seafarer)
The amended provisions of Article 19 shall be applied to seafarers who intend to be in service onboard the first ship to depart after this Enforcement Ordinance enters into force.
Article 5(Applicable Example on Preparation of Seafarers’ Employment Agreement)
The amended provisions of Article 20 shall be applied to the first Seafarers’ employment agreement to be prepared after the relevant amended provisions under sub-paragraph 1 of Article 1 of the Addenda enter into force.
Article 6(Applicable Examples on Subjects of Certificate of Proficiency Examination for Medical Care Person and Notification of Applicants who passed thereto)
| (1) | The amended provisions of Article 50 (1) 1 shall be applied to the first examination to be held after the relevant amended provisions under sub-paragraph 4 of Article 1 of the Addenda enter into force. |
| (2) | The amended provisions of Article 50 (4) shall be applied to the first examination to be held after this Enforcement Ordinance enters into force. |
Article 7(Applicable Example on Health Check-up and Period of Validity)
The amended provisions of Articles 53 (1) 2 and 8, and Article 54(only applicable to the period of validity of color vision examination) shall be applied to seafarers who intend to be in service onboard the first ship to sail after the relevant amended provisions under sub-paragraph 5 of Article 1 of the Addenda enter into force.
Article 8(Applicable Examples on Periods and Courses of Training for Seafarers)
| (1) | The amended provisions of Attached Table 2(only applicable to the amended provisions on periods of training) shall be applied to seafarers who take a education and training in first after this Enforcement Ordinance enters into force. |
| (2) | The amended provisions of Attached Table 2(only applicable to the amended provisions on ship security training) shall be applied to seafarers who intend to be in service onboard the first ship to be engaged in international voyage after the relevant amended provisions under sub-paragraph 5 of Article 1 of the Addenda enter into force. |
Article 9(Applicable Examples on Decision Criteria on Seafarer’s Health Check-up)
| (1) | The amended provisions of Attached Table 3 shall be applied to the first seafarers to have a health check-up after the relevant amended provisions under sub-paragraph 5 of Article 1 of the Addenda enter into force. |
| (2) | Notwithstanding paragraph (1), decision criteria(only applicable to color perception criteria) under the former Attached Table 3 shall be applied to persons who are falling under any of the following sub-paragraphs: <Amended on Jan. 8, 2014> |
| 1. | A person who obtained Certificate of Competency(only applicable to radio officer and engineer officer) pursuant to Article 4 of the Ship Officers' Act; and |
| 2. | A person(including persons who passed the entrance examination and entered designated training institutions in 2013 after the decision criteria under the former Attached Table 3 have been applied) who is attending the designated training institutions under sub-paragraph 7 of Regulation (2) of Enforcement Decree of Ship Officers' Act. |
Article 10(Transitional Measures on Certificate of Proficiency in Ships Carrying Dangerous Goods)
| (1) | Certificate of proficiency in ships carrying dangerous goods, which is either certified or issued under the former provisions at the time the amended provisions of Article 42 under sub-paragraph 2 of Article 1 of the Addenda enter into force, shall be deemed to be certified or issued pursuant to the amended provisions thereof as follows: |
| 1. | Certificate of proficiency in ships carrying dangerous goods under the former Articles 42 (1) 1 and 2: Certificate of proficiency in ships carrying dangerous goods under Articles 42 (1) 1 and 3; |
| 2. | Certificate of proficiency in ships carrying dangerous goods under the former Article 42 (1) 3: Certificate of proficiency in ships carrying dangerous goods under Articles 42 (1) 2 and 4 |
| (2) | Notwithstanding the amended provisions of Article 42 (3), certificate of proficiency in ships carrying dangerous goods deemed which is either certified or issued under paragraph (1) shall be valid until December 31, 2016. |
Article 11(Transitional Measures on Certificate of Proficiency in survival craft, rescue boats and Fast Rescue Boat)
| (1) | Certificate of proficiency in survival craft, rescue boats and fast rescue boats, which is either certified or issued under the former provisions at the time this Enforcement Ordinance enters into force, shall be deemed to be either certified or issued pursuant to the amended provisions of Articles 43 and 43-2. |
| (2) | The period of validity for certificate of proficiency in survival craft, rescue boats and fast rescue boats, which is deemed to be either certified or issued under paragraph (1) shall be 5 years in reckoning from the enforcement date of this Enforcement Ordinance. |
Article 12(Transitional Measures on the Period of Validity of Advanced Safety Training)
Where a person completes advanced safety training under the former Attached Table 2 before this Enforcement Ordinance enters into force, the period of validity thereof shall be 5 years in reckoning from the enforcement date of this Enforcement Ordinance.
Article 13(Transitional Measures on Re-training of Advanced Safety Training)
Notwithstanding the amended provisions corresponding thereto and Article 12 of the Addenda, a person, who is falling under sub-paragraph 11 of Remarks of the former Attached Table 2 at the time this Enforcement Ordinance enters into effect, shall take the advanced safety training again.
Article 14(Transitional Measures on Ship Security Training)
A person, who completed security training for 12 hours or longer in a security training institution under Article 40 of the International Ship and Port Facility Security Act and Attached Table 2 of the Enforcement Ordinance of the same Act before the amended provisions of Attached Table 2 under sub-paragraph 2 of Article 1 of the Addenda enter into force, shall be deemed to have completed the advanced ship security training under the amended provisions of Attached Table 2.
Article 15(Amendment to Other Statutes)
| (1) | Part of the Enforcement Ordinance of the Ship Safety Act shall be amended as follows: |
In parts other than the table of sub-paragraph 4 of Attached Table 6, the term "sub-paragraph 5 of Article 3 of the Seafarers' Act" shall be replaced with "sub- paragraph 6 of Article 2 of the Seafarers' Act"; in sub-paragraph 1 of Remarks of the same sub-paragraph, the term "sub-paragraph 5 of Article 3 of the Seafarers' Act" shall be replaced with "sub-paragraph 6 of Article 2 of the Seafarers' Act"; and, in sub-paragraph 4-2 of the same Attached Table, the term "sub-paragraphs 2 and 4 of Article 3 of the Seafarers' Act" shall be replaced with "sub-paragraphs 3 and 5 of Article 2 of the Seafarers' Act";
| (2) | Part of the Rules on the Prevention of Pollution from Ships shall be amended as follows: |
In the latter part of Articles 27-2 (3) and 37-2 (3), the term "sub-paragraphs 2 and 4 of Article 3 of the Seafarers' Act" shall be replaced with "sub-paragraphs 3 and 5 of Article 2 of the Seafarers' Act", respectively.
| (3) | Part of the Rules on Seafarers' Labour Inspector's Duties shall be amended as follows: |
In Article 2 (1), the term “under the provisions of Articles 116 and 117 of the Seafarers' Act(hereinafter referred to as the “the Act”)” shall be replaced with "under Articles 126 and 127 of the Seafarers' Act(hereinafter referred to as the “the Act”)”; and, in paragraph (2) of the same Article, the term “under the provisions of Article 117 of the Act” shall be replaced with “pursuant to Article 127 of the Act.”
In Article 5 (1), the term “under the provisions of Article 119 (1) of the Act” shall be replaced with “pursuant to Article 129 (1) of the Act”; and, in paragraph (3) of the same Article, “under the provisions of Article 116 (1) of the Act” shall be replaced with “pursuant to Article 126 (1) of the Act.”
| (4) | Part of the Rules on Safety and Health for Seafarers shall be amended as follows: |
In Article 1, the term "Articles 76 and 81 of the Seafarers' Act" shall be replaced with "Articles 82, 83 and 91 of the Seafarers' Act."
In parts other than each sub-paragraph of Article 2, the term "Article 76 (1) of the Seafarer’s Act(hereinafter referred to as “the Act”)” shall be replaced with “Article 82 (5) of the Seafarer’s Act(hereinafter referred to as “the Act”).”
In parts other than each sub-paragraph of Article 3 (1), the term "dangerous works on a ship” as prescribed by Article 76 (2) of the Act” shall be replaced with “dangerous works on a ship under Article 82 (2) of the Act”; and, in parts other than each sub-paragraph of paragraph (2) of the same Article, the term “each of the following sub-paragraphs as prescribed by Article 76 (2) of the Act” shall be replaced with “any of the following sub-paragraphs under Article 82 (2) of the Act.”
In the main sentence of Article 4 (1), the term “under the provisions of Article 76 (2) of the Act” shall be replaced with “under Article 82 (2) of the Act.”
In parts other than each sub-paragraph of Article 7, the term “under the provisions of Article 76 (4) of the Act” shall be replaced with “under Article 83 (1) of the Act.”
In parts other than each sub-paragraph of Article 8 (1), the term “under the provisions of Article 81 (2) of the Act” shall be replaced with “under Article 91 (3) of the Act”; in paragraph (2) of the same Article, the term “Article 81 (4) of the Act” shall be replaced with “Article 91 (4) of the Act”; in paragraph (3) of the same Article, the term “"navigation within the scope as prescribed by the Enforcement Ordinance of the Minister of Land, Transport and Maritime Affairs" in Article 81 (5) 1 of the Act” shall be replaced with “"navigation of the scope as prescribed by the Enforcement Ordinance of the Minister of Land, Transport and Maritime Affairs" in Article 91 (5) 1 of the Act”; and, in paragraph (4) of the same Article, the term “Article 81 (6) of the Act” shall be replaced with “Article 91 (6) of the Act.”
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No.1, Mar. 24, 2013> (Enforcement Ordinance of the Act on the organization of the Ministry of Oceans and Fisheries and Institutions Attached thereto)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 4
Omitted.
Article 5(Amendment to Other Statutes)
| (1) | through <22> Omitted. |
| (23) | Part of the Enforcement Ordinance of Seafarers’ Act shall be amended as follows: |
In Article 1-2, Article 2, the parts other than each sub-paragraph of Article 5 (1), Article 6 (1), the parts other than each sub-paragraph of Article 13 (2), the main sentence of the parts other than each sub-paragraph of Article 17, the parts other than each sub-paragraph of Article 19, the parts other than each sub-paragraph of Article 24 (1), the parts other than each sub-paragraph of Article 35-2 (1), paragraph 2 of the same Article, the parts other than each sub-paragraph of Article 38 (2), the parts other than each sub-paragraph of Article 42 (1), the parts other than each sub-paragraph of Article 45 (1), Article 46, the parts other than each sub-paragraph of Article 46-3, the parts other than each sub-paragraph of Article 46-4, Article 48 (3), Article 49 (2), the parts other than each sub-paragraph of Article 52-2 (1), the parts other than each sub-paragraph of Article 56-3, the parts other than each sub-paragraph of Article 56-4, the parts other than each sub-paragraph of Article 57-2, the Article 58-4 (1); parts other than each sub-paragraph of paragraph (2) of the same Article, the parts other than each sub-paragraph of paragraph (3) of the same Article, and the parts other than each sub-paragraph of Article 58-6 (1), the term “Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs” shall be replaced with “Enforcement Ordinance of the Ministry of Oceans and Fisheries”, respectively.
In the parts other than the amended provisions of Article 20 of the Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 465 of the Seafarers’ Act and the amended provisions of Article 46, the term “Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs” shall be replaced with “Enforcement Ordinance of the Ministry of Oceans and Fisheries”, respectively.
In Article 26 (3), Article 41 (2) 3, paragraph (3) of the same Article, Article 42 (2), Article 45 (3), Article 47 (2) 3, and the partial proviso other than each sub-paragraph of Article 50 (1), Article 52-2 (1) 2, paragraph (3) of the same Article, sub-paragraph 3 of Article 56-4, Article 57 (4), Article 58-6 (2), the former and latter parts other than each sub-paragraph of Article 58-7 (1), paragraphs (2) and (3) of the same Article, Articles 58-9 (1) and (2), sub-paragraphs 6 and 9 of Remarks of Attached Table 2, the page 35 of Attached Form No. 16, Attached Form No. 17-6, Attached Form No. 17-8, and the front of Attached Form No. 17-9, Attached Form No. 24, the pages 2, 3, and 4 of Attached Form No. 26, Attached Form No. 32, the signature column of Attached Form No. 33, and the signature column of Attached Form No. 34, the term “Minister of Land, Transport and Maritime Affairs” shall be replaced with “Minister of Oceans and Fisheries”, respectively.
In Article 38-2, the term “Minister of Land, Transport and Maritime Affairs” shall be replaced with “Minister of Oceans and Fisheries.”
In the page 1 of Attached Form No. 16, the term “MINISTER OF LAND, TRANSPORT AND MARITIME AFFAIRS REPUBLIC OF KOREA” shall be replaced with “MINISTER OF OCEANS AND FISHERIES REPUBLIC OF KOREA."
In the page 35 of Attached Form No. 16 and Attached Form No. 24, the term "THE MINISTER OF LAND, TRANSPORT AND MARITIME AFFAIRS" shall be replaced with "THE MINISTER OF OCEANS AND FISHERIES", respectively.
In the former part of Attached Form No. 16-2, the term "MLTM(For details of authority see over) Phone No. +82-2-2110-8574" shall be replaced with "MOF(For details of authority see over) Phone No. +82-44-201-4073"; the term "sidinfo@mltm.go.kr, WWW.sid.go.kr Jungang-Dong, Gwacheoun-City, Gyeonggi-Do, 427-712" shall be replaced with "sidinfo@mof.go.kr WWW.sid.go.kr #11, Doum-ro 6, Sejong Special Self-governing City, 339-012"; and, in the latter part of the same Attached Form, the term “KOR MINISTER OF MARITIME AFFAIRS AND PORT" shall be replaced with "KOR MINISTER OF OCEANS AND FISHERIES."
In Attached Form No. 25 and the pages 3 and 4 of Attached Form No. 26, the term "the Minister of Land, Transport and Maritime Affairs" shall be replaced with "the Minister of Oceans and Fisheries", respectively.
In the page 2 of Attached Form No. 26, the term "The Minister of Land, Transport and Maritime Affairs" shall be replaced with "The Minister of Oceans and Fisheries."
<24> through <63> Omitted.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 65, January 8, 2014>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions of Article 9 (2) and Articles 52 (1) through (3) shall enter into force after this Enforcement Ordinance enters into force.
Article 2(Transitional Measures concerning Inspection for Certification of Maritime Labour Certificate)
Notwithstanding the amended provision of Article 58 (3), the former provisions shall apply in case of inspection for certification for Maritime Labour Certificate before this Enforcement Ordinance enters into force.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 99, Sep. 19, 2014>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions of the following sub-paragraph shall enter into force on the date when is fixed according to the following classifications:
| 1. | Article 39-5, Article 39-6, Article 47-6, Article 47-7, Article 57-4, Attached Table 5-2, and Article 3 of the Addenda: The date on which the Maritime Labour Convention, 2006 enters into force in the Republic of Korea. |
| 2. | Articles 47-2 through 47-5, Article 50 (2), Attached Table 2, Attached Form No. 18-2, Attached Form No. 22-3, and Attached Form No. 23: February 6, 2015 |
Article 2(Special Exemption on Training of a Ship’s Cook)
| (1) | Notwithstanding sub-paragraph 2 of Article 1, where training of a ship’s cook or the certificate examination thereof is held pursuant to Article 2 (1) of the Addenda of the Enforcement Decree of Seafarers' Act before February 6, 2015, the amended provisions of Articles 47-2 through 47-5, Attached Table 2, Attached Form No. 18-2, Attached Form 22-3 and Attached Form No. 23 may apply before this Enforcement Ordinance enters into force. |
| (2) | Notwithstanding sub-paragraph 2 of Article 1, a person, who is falling under Article 2 (2) of the Addenda of the Enforcement Decree of Seafarers' Act. may be issued a certificate of ship’s cook as prescribed by the amended provisions of Article 47-5, Attached Form No. 18-2 and Attached Form No. 23 before February 6, 2015. |
Article 3(Amendment to Other Statutes)
Part of the Rules on the Safety and Health for Seafarers shall be amended as follows:
Article 7 shall be omitted.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 110, Nov. 19, 2014> (Enforcement Ordinance of the Act on the organization of the Ministry of Oceans and Fisheries and Institutions Attached thereto)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Amendment to Other Statutes)
| (9) | Part of the Enforcement Ordinance of the Seafarers' Act shall be amended as follows: |
“the head of coast guard district office” in Article 5 (2) and Article 6 (2) shall be amended into “the head of coast guard office.”
| (1) | through (15) Omitted. |
ADDENDUM <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 127, Dec. 31, 2014> (Part of amended provisions of the Enforcement Ordinance of the Public Order in Open Ports Act, etc. for reformation of regulation)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 131, Jan. 6, 2015>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Special Exemption on basic safety training)
A person, who completed the basic safety training under the former attached Table 2 before this Enforcement Ordinance enters into force and intends to be in service onboard a ship the navigation area of which is more than the coastal waters(excluding a fishing vessel of 20 gross tonnage or more but less than 25 gross tonnage) as a rating(excluding a person who intends to be in service onboard a ship either as a boatswain or a No. 1 oiler of a deep-sea fishing vessel), shall take the re-training under the amended provisions of Attached Table 2 within 3 years after this Enforcement Ordinance enters into force.
Article 3(Special Exemption on basic training on passenger ships)
| (1) | A person, intends to be in service onboard a passenger ship other than a passenger ship which is engaged in international voyage as a rating at the time this Enforcement Ordinance enters into force, shall take the basic training on passenger ships under the amended provisions of Attached Table 2 within 1 year after this Enforcement Ordinance enters into force. |
| (2) | A person, who has completed basic training on passenger ships under Attached Table 2 and been in service onboard a passenger ship which is engaged in international voyage as a rating before this Enforcement Ordinance enters into force, shall take the re-training under the amended provisions of Attached Table 2 within 3 years after this Enforcement Ordinance enters into force. |
Article 4(Special Exemption on persons exempted from re-training)
| (1) | A person, who is falling under sub-paragraph 3 in Remarks of the former Attached Table 2 and of whom the period of validity of the exempted training pursuant to the same sub-paragraph is less than 1 year at the time this Enforcement Ordinance enters into force, shall be deemed to have the period of validity thereof extended for 1 year from the date when the period of validity expires. |
| (2) | Where a person whose period of validity of the exempted training under paragraph (1) takes re-training pursuant to the amended provisions of Attached Table 2 within the extended period of validity thereof, the new period of validity for the re-training shall be reckoned from the date when he/she completes the new training. |
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 148, Jul. 7, 2015>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Special Exemption on Aptitude Test of Master of Passenger Ship)
Notwithstanding the amended provisions of Article 45-2, a person, who has been approved as a master to work onboard a passenger ship pursuant to the former Article 26 (3) before this Enforcement Ordinance enters into force, shall be deemed to meet the criteria of the aptitude test for 3 years(2 years where the master certified to work onboard is 65 years of age or older) after this Enforcement Ordinance enters into force.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 183, Jan. 13, 2016>
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Article 2(Transitional measures on Standards of medical fitness for seafarers)
| (1) | Notwithstanding the amended provisions of Article 42 (1) 2 (b) or sub-paragraph 4 (b) of the same Article, a person, who has been issued a certificate of proficiency in oil, chemical or liquefied gas tanker cargo operations after having a qualifications under the former Article 42 (1) 2 (b) or sub-paragraph 4 (b) of the same Article before this Enforcement Ordinance enters into force, may be in service onboard a oil tanker, chemical tanker or liquefied gas tanker until 5 years in reckoning from the enforcement date of this Enforcement Ordinance. |
| (2) | Notwithstanding Article 42 (4), the period of validity(in case of a person who extends the validity of certificate of proficiency in oil, chemical or liquefied gas tanker cargo operations or revalidate the certificate of proficiency that is invalid under Article 42 (5) after this Enforcement Ordinance enters into force, it means the period of validity of certificate of proficiency) for certificate of proficiency of a person, who may be in service onboard a oil tanker, chemical tanker or liquefied gas tanker pursuant to paragraph (1), shall be 5 years in reckoning from the enforcement date of this Enforcement Ordinance. |
| (3) | Where a person, who may be in service onboard a oil tanker, chemical tanker or liquefied gas tanker pursuant to paragraph (1), intends to extend the validity of certificate of proficiency under Article 42 (5) after the expiry thereof under paragraph (2) or to revalidate the certificate that is invalid, he/she shall complete tanker basic training under Attached Table 2 or pass the competency examination held by the President of the KIMFT. |
Article 3(Transitional measures on Standards of medical fitness for seafarers)
Where a person was declared fit for duty on color vision test under sub-paragraph 1 (5) of the former Attached Table 3 at the time when this Enforcement Ordinance enter into force shall be deemed to be declared fit for duty on color vision test under the amended provisions.