SHIP OFFICERS ACT
Wholly Amended by Act No. 3715, Dec. 31, 1983
Amended by Act No. 4256, Aug. 1, 1990
Act No. 4441, Dec. 14, 1991
Act No. 4925, Jan. 5, 1995
Act No. 5367, Aug. 22, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5809, Feb. 5, 1999
Act No. 5923, Feb. 8, 1999
Act No. 6397, Jan. 29, 2001
Act No. 7480, Mar. 31, 2005
Act No. 7789, Dec. 29, 2005
Act No. 8222, Jan. 3, 2007
Act No. 8379, Apr. 11, 2007
Act No. 8377, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9626, Apr. 22, 2009
Act No. 9773, Jun. 9, 2009
Act No. 9873, Dec. 29, 2009
Act No. 9874, Dec. 29, 2009
Act No. 10458, Mar. 9, 2011
Act No. 10801, Jun. 15, 2011
Act No. 10798, Jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12538, Mar. 24, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13267, Mar. 27, 2015
Act No. 14839, Jul. 26, 2017
Act No. 16902, Jan. 29, 2020
Act No. 17029, Feb. 18, 2020
Act No. 18059, Apr. 13, 2021
Act No. 18428, Aug. 17, 2021
Act No. 18755, Jan. 11, 2022
Act No. 19009, Oct. 18, 2022
Act No. 19573, Jul. 25, 2023
Act No. 19907, Jan. 2, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe the qualifications for persons to serve aboard ships as ship officers, thereby contributing to ensuring the safe operation of ships.
[This Article Wholly Amended on Jun. 15, 2011]
The terms used in this Act are defined as follows: <Amended on Mar. 9, 2011; Mar. 24, 2014; Feb. 18, 2020>
(a) | A ship of less than five gross tonnage: Provided, That this Act shall apply to any of the following ships, even if its gross tonnage is less than five tons: |
(i) | A ship with the passenger capacity of at least 13 persons; |
(iv) | A wing-in-ground craft; |
(b) | A ship operating mainly by oars or poles; |
(c) | Any other ships prescribed by Presidential Decree; |
1-2. | The term "Korean ship" means any of the following ships: |
(a) | A Government ship or publicly owned ship; |
(b) | A ship owned by a citizen of the Republic of Korea; |
(c) | A ship owned by a commercial corporation established under the laws of the Republic of Korea; |
(d) | A ship owned by a corporation, other than the commercial corporation referred to in item (c), the main office of which is located in the Republic of Korea and the representative (in cases of co-representatives, each of the co-representatives) of which is a citizen of the Republic of Korea; |
2. | The term "foreign ship" means any ship, other than Korean ships; |
3. | The term "ship officer" means a certificated officer (including foreign officers who achieved recognition of certificate under Article 10-2) who perform the duties of a master, deck officer, chief engineer officer, engineer officer, electro-technical officer, chief radio officer, radio officer, chief operating officer or operating officer aboard ship; |
4. | The term "certificated officer" means a person who has obtained a license in accordance with Article 4; |
4-2. | The term "cadet" means a person who undergoes practical training on board a ship to obtain a license of certificated officers; |
4-3. | The term "recognized education and training institute" means a university, junior college, high school that administers education for persons intending to be seafarers or for seafarers (including any other school corresponding thereto), Korea Coast Guard Academy, Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act, or any other educational institution, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
5. | The term "automated ship" means a ship equipped with automatic operating equipment prescribed by Presidential Decree; |
6. | The term "seagoing service" means the career of serving aboard ship. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 3 (Scope of Application) |
(1) | This Act shall apply to Korean ships, and the shipowners of Korean ships, and ship officers serving aboard Korean ships: Provided, That it shall also apply to foreign ships, and the shipowners of foreign ships, and ship officers serving aboard foreign ships, if expressly prescribed otherwise. |
(2) | The provisions regarding shipowners in this Act shall apply to a ship manager, if any, in co-ownership of a ship and to the lessee of a ship in lease of a ship. |
(3) | Only the provisions of Articles 11 and 13 through 15 shall apply where a sea trial of a ship built or renovated at a shipbuilding yard in the Republic of Korea is conducted from its launch to delivery. |
[This Article Wholly Amended on Mar. 24, 2014]
Article 3-2 (International Cooperation and Support) |
If it is deemed necessary to facilitate the international exchange and cooperation in maritime techniques, the Minister of Oceans and Fisheries may provide developing countries among the parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel with the following: <Amended on Mar. 23, 2013; Mar. 24, 2014>
1. | Support for establishing institutions for maritime education and training of certificated officers (including their practical education; hereafter the same shall apply in this Article); |
2. | Support for the education and training of administrators and technicians in relation to maritime education and training of certificated officers; |
3. | Gratuitous support for equipment and facilities for maritime education and training of certificated officers; |
4. | Support for establishing and developing plans for maritime education and training of certificated officers; |
5. | Other support for maritime education and training of certificated officers, which is deemed necessary to develop the abilities of certificated officers. |
[This Article Wholly Amended on Jun. 15, 2011]
CHAPTER II QUALIFICATIONS AND LICENSES OF CERTIFICATED OFFICERS
Article 4 (Occupational Categories and Classes of Licenses) |
(1) | Persons who intend to become ship officers shall obtain certificated officer’s licenses from the Minister of Oceans and Fisheries (hereinafter referred to as "license"). <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries shall grant licenses according to the following occupational categories and classes to persons who satisfy the requirements under Article 5. In such cases, the Minister of Oceans and Fisheries may grant limited licenses based on the types of ships, trading areas or other elements, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 24, 2014> |
1st class deck officers;
2nd class deck officers;
3rd class deck officers;
4th class deck officers;
5th class deck officers;
6th class deck officers;
1st class engineer officers;
2nd class engineer officers;
3rd class engineer officers;
4th class engineer officers;
5th class engineer officers;
6th class engineer officers;
2-2. | Electro-technical officers; |
3. | Radio officers (classified into the radio waves communications class and the radio waves electronics class): |
1st class radio officers;
2nd class radio officers;
3rd class radio officers;
4th class radio officers;
1st class operating officers;
2nd class operating officers;
3rd class operating officers;
4th class operating officers;
5. | Operators of wing-in-ground crafts: |
Operators of mid-size wing-in-ground crafts (limited to wing-in-ground crafts with maximum take-off weight of at least 10 tons, but less than 500 tons);
Operators of small wing-in-ground crafts (limited to wing-in-ground crafts with maximum take-off weight of less than ten tons);
6. | Operators of small ships. |
(3) | High and low classes for each license according to occupational classifications shall be determined in accordance with the order of classes enumerated in each subparagraph of paragraph (2). |
(4) | An operating officer shall be deemed a deck officer (only applicable to licenses for merchant ships only in cases of limited licenses) or engineer officer with the same class as the corresponding class for each special area prescribed by Presidential Decree, and an operator of a small ship shall be deemed a certificated officer lower than a 6th class deck officer or a 6th class engineer officer. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 5 (Requirements for Licenses) |
(1) | The Minister of Oceans and Fisheries shall grant a license to a person who satisfies the following requirements, unless such person falls under the grounds for disqualification specified in the subparagraphs of Article 6 as of the date of issuance of a certificate of competency (hereinafter referred to as "COC"): <Amended on Mar. 23, 2013; Mar. 24, 2014; Jan. 2, 2024> |
1. | A person for whom three years have not elapsed since the date of an examination for certificated officers, which is executed by the Minister of Oceans and Fisheries, which he or she passed; |
2. | A person who has qualifications and experience prescribed by Presidential Decree, which can be construed as the experience of seagoing service required by the license of classes or anything regarded as the experience of seagoing service such as an operator’s license under the Water-Related Leisure Activities Safety Act; |
3. | A person whose health is verified as suitable for serving aboard ship in accordance with the Seafarers' Act; |
4. | A person who has undergone education and training required for licenses according to the classes; |
(2) | Matters necessary for examinations for certificated officers, seagoing service, and education and training under paragraph (1) 1, 2 and 4 shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2014> |
(3) | When the Minister of Oceans and Fisheries grants a license under paragraph (1), he or she shall issue a COC as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jan. 2, 2024> |
(4) | A certificated officer may apply for the re-issuance of or any change in the details recorded on his or her COC, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when any of the following cases occurs: <Amended on Mar. 23, 2013> |
2. | When it is difficult to carry the COC because it is worn out; |
3. | When the details recorded on the COC have changed |
[This Article Wholly Amended on Jun. 15, 2011]
Article 5-2 (Storage and Utilization of Data) |
The Minister of Oceans and Fisheries shall maintain and manage the data on the issuance, renewal, revocation, etc. of licenses, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and take necessary measures, including notifications, etc., to make the parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel and shipowners access the relevant data. <Amended on Mar. 23, 2013; Mar. 24, 2014>
[This Article Wholly Amended on Jun. 15, 2011]
Article 5-3 (Sanctions for Cheating in Examinations) |
(1) | The Minister of Oceans and Fisheries may suspend a certificated officer examination in which an examinee engages in cheating behaviors or cancel the examinee’s passing of such examination, and suspend his or her eligibility to take an examination under this Act for up to two years from the date of such disposition depending on the circumstances. <Amended on Mar. 23, 2013> |
(2) | Types, etc. of cheating behaviors referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 15, 2011]
Article 6 (Grounds for Disqualification) |
None of the following persons shall become a certificated officer: <Amended on Jan. 11, 2022>
1. | A person under 18 years of age; |
2. | A person for whom two years (or one year where the person's license is revoked pursuant to Article 68 (1) of the Fisheries Act) have not elapsed from the date his or her license was revoked. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 6-2 (Separate Sentence of Punishment) |
Notwithstanding Article 38 of the Criminal Act, if the punishment of imprisonment with labor is imposed for concurrent crimes that involve a crime provided in Article 9 (2) 2 or 3 and any other crime, a separate sentence for each crime shall be pronounced. [This Article Newly Inserted on Oct. 18, 2022]
Article 7 (Validity and Renewal of Licenses) |
(1) | The validity of a license shall be five years, and if the validity of a license expires without being renewed pursuant to paragraph (2), the license shall be suspended on the day following the date the validity thereof expires. <Amended on Mar. 24, 2014> |
(2) | A license holder who intends to continue the effect of his or her license or revive the effect of his or her license after it has been suspended shall have the license renewed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Mar. 24, 2014> |
(3) | Where any of the following applies to a person who has filed an application for renewal of his or her license under paragraph (2), the Minister of Oceans and Fisheries shall renew it: <Amended on Mar. 23, 2013; Mar. 24, 2014> |
1. | Where he or she is deemed to have served aboard as a ship officer for at least one year within five years before the date of the application for renewal or that he or she has the abilities equivalent thereto or higher, as prescribed by Presidential Decree; |
1-2. | Where he or she has seagoing service as a ship officer for at least three months within six months immediately before the date of the application for renewal of his or her license, holding a valid license: Provided, That the seagoing service aboard a fishing vessel defined in subparagraph 1 of Article 2 of the Fishing Vessels Act shall be excluded; |
2. | Where he or she has undergone education prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Wholly Amended on Jun. 15, 2011]
[Title Amended on Mar. 24, 2014]
Article 8 (Invalidation of Licenses) |
Any of the following licenses shall become invalid:
1. | Where a higher class license for an occupational classification is granted, a lower class license in such same occupational classification: Provided, That where a limited higher class license referred to in the latter part of Article 4 (2) is granted, a lower class license which is not limited by the higher class license shall remain valid; |
[This Article Wholly Amended on Jun. 15, 2011]
Article 9 (Revocation of Licenses) |
(1) | Where a certificated officer falls under any of the following cases, the Minister of Oceans and Fisheries may cancel his or her license, issue an order suspending the performance of his or her duties for a period of up to one year, or reprimand him or her: Provided, That this shall not apply where the Korean Maritime Safety Tribunal has initiated an adjudication of a marine accident relating to the grounds for such disposition: <Amended on Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020; Oct. 18, 2022> |
1. | When he or she serves aboard ship, in violation of Article 14; |
2. | When he or she fails to submit his or her COC or certificate of endorsement or to keep it within ship while serving aboard the ship as a ship officer, in violation of Article 15; |
3. | When he or she leases his or her COC or certificate of endorsement to others, in violation of Article 22 (1), or unlawfully uses it; |
4. | Where he or she commits any misconduct in performing his or her duties as a ship officer, pose danger to human life or property, or conducts a behavior to impede the conservation of a marine environment; |
5. | Where he or she fails to submit his or her COC within the period referred to in paragraph (4) after being subject to the suspension of service; |
6. | When he or she serves aboard ship during the suspension period of service; |
7. | Deleted; <Feb. 18, 2020> |
(2) | Where a certificated officer falls under any of the following cases, the Minister of Oceans and Fisheries shall revoke his or her license: <Amended on Mar. 23, 2013; Oct. 18, 2022> |
1. | Where he or she obtains his or her license by fraud or other improper means; |
2. | Where he or she is sentenced to imprisonment with labor or heavier punishment for committing against any other seafarer, while on duty aboard a ship, a crime specified in Articles 250, 252 through 255, 257, 258, 258-2, 259 through 262, 289 through 292, 297, 297-2, 298 through 301, 301-2, 302 through 305, 305-2, and 305-3 of the Criminal Act and such sentence becomes final; |
(3) | Where requested by the Commissioner General of the Korea Coast Guard as a certificated officer falls under subparagraph 1 or 2 of Article 42 of the Sea Traffic Safety Act, the Minister of Oceans and Fisheries shall make a disposition in accordance with the following: Provided, That the foregoing shall not apply where the Maritime Safety Tribunal commences an inquiry into a marine accident related to the relevant cause: <Newly Inserted on Feb. 18, 2020; Apr. 13, 2021; Jul. 25, 2023> |
1. | Where blood alcohol content is at least 0.03 percent, but less than 0.08 percent; |
(a) | First violation: Suspension of business for six months |
(b) | Second violation, or killing or injuring another person: Revocation of a license; |
2. | When blood alcohol content is at least 0.08 percent: Revocation of a license; |
3. | Where the certificated officer has failed to comply with the demand for measurement: Revocation of a license. |
(5) | Where the Minister of Oceans and Fisheries intends to revoke a license, impose a disposition suspending service or reprimand a certificated officer in accordance with paragraphs (1) through (4), he or she shall notify the relevant certificated officer of the details of such measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, if the certificated officer serves aboard ship as a ship officer, the Minister of Oceans and Fisheries shall notify the relevant shipowner of the same. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021> |
(6) | A certificated officer who is notified of the revocation of his or her license or disposition suspending his or her service under paragraph (5) shall submit his or her COC to the Minister of Oceans and Fisheries within 30 days from the date of receipt of the notification. In such cases, the Minister of Oceans and Fisheries shall return the COC to the relevant certificated officer, where the suspension period of service ends. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021> |
(7) | The period of suspension of services under paragraph (1) or (3) shall be counted from the date the relevant COC is submitted to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021> |
(8) | Further detailed guidelines for administrative dispositions under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the types and severity of such offenses and other relevant factors. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021> |
(9) | The Commissioner General of the Korea Coast Guard shall request the Minister of Oceans and Fisheries to revoke a license of a person for whom a sentence under paragraph (2) 2 or 3 becomes final. <Newly Inserted on Oct. 18, 2022> |
[This Article Wholly Amended on Jun. 15, 2011]
The Minister of Oceans and Fisheries shall hold a hearing before revoking a license pursuant to Article 9 (1) through (4). <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021> [This Article Wholly Amended on Jun. 15, 2011]
Article 10-2 (Special Cases concerning Persons Having Foreign Qualifications for Certificated Officers) |
(1) | Persons qualified for certificated officers in a country which has concluded an undertaking to recognize certificated officer qualifications issued by other parties under the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (hereinafter referred to as "contracting parties"), who have obtained recognition from the Minister of Oceans and Fisheries, may become officers of Korean ships engaged in international voyages, notwithstanding Article 4 (1). <Amended on Mar. 23, 2013; Mar. 24, 2014> |
(2) | When the Minister of Oceans and Fisheries deems that a person who intends to obtain recognition under paragraph (1) has qualifications in conformity with the manning standards under Article 11, he or she may determine ships and scopes of duties on such ships, where the person can serve as a ship officer, within the ships and scopes of duties to be served on such ships, which are so stated on his or her COC issued by the relevant contracting parties to recognize such details (hereinafter referred to as "recognition of certificate"), and issue a certificate of endorsement. <Amended on Mar. 23, 2013> |
(3) | Matters necessary for filing applications for the recognition of certificate and for issuing certificate of endorsement shall be prescribed by Presidential Decree. |
(4) | The validity of the recognition of certificate shall be five years: Provided, That when the original certificate is canceled in the relevant contracting parties, such recognition shall be invalid from that time. |
(5) | Articles 5 (4), 5-2, 6, 9 and 10 shall respectively apply mutatis mutandis to the recognition of certificate and certificate of endorsement. In such cases, a "certificated officer" shall be construed as a "person who has obtained the recognition of certificate", a "license" as "recognition of certificate", and a "COC" as an "certificate of endorsement". |
[This Article Wholly Amended on Jun. 15, 2011]
CHAPTER III SHIP OFFICERS
Article 11 (Manning Standards and Duties of Ship Officers) |
(1) | A shipowner shall hire a certificated officer (including a person who has obtained the recognition of certificate under Article 10-2; hereafter in this Chapter the same shall apply), who meets the manning standards for ship officers (hereinafter referred to as "manning standards") prescribed by Presidential Decree, in consideration of the ship's trading area, size, and use, the propulsion power, and other elements concerning the safety of the ship's navigation. |
(2) | The duties of ship officers are as follows: <Amended on Mar. 24, 2014> |
1. | The master shall be responsible for operating and managing ships: Provided, That when the master is unable to perform his or her duties due to exceptional reasons, including death, disease and injury, the second operating officer with special capacity in navigation shall act on behalf of the master where the ship is an automated ship, and the chief mate shall act on behalf of the master where the ship is any other ship; |
2. | The deck officer shall be on navigational watch in the deck department; |
3. | The chief engineer officer shall be responsible for the mechanical propelling of ship, the operation of machines and electric equipment and their repair and management: Provided, That when the chief engineer officer is unable to perform his or her duties due to exceptional reasons, including death, disease and injury, the second operating officer with special capacity in engines shall act on behalf of the chief engineer officer in an automated ship, and the second engineer officer shall act on behalf of the chief engineer officer in any other ship; |
4. | The engineer officer shall be on watch on engines in the engine department; |
4-2. | The electro-technical officer shall perform such duties, as the maintenance, inspection, management, repair, etc. of the electric and electronic systems and automatic control facilities and systems of the ship, including navigational equipment and deck facilities; |
5. | The chief radio officer and radio officers shall be responsible for the ship's communications; |
6. | The chief operating officer and operating officers shall be on ships operating watch (referring to integrated watch on navigation, engines, electronic equipment, etc.) where the ship is an automated ship. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 12 (Special Cases concerning Manning Standards in Cases of Vacancy) |
(1) | Article 11 shall not apply to any of the following cases. In such cases, the shipowner shall, without delay, fill the vacancy: |
1. | Where a ship navigating between ports of foreign countries has a vacancy for one of the ship officers, but it is impracticable to fill the vacancy; |
2. | Where a ship navigating between ports of its home country and foreign ports has a vacancy for one of the ship officers outside the home country, and the ship sails to a port of the home country; |
3. | Where a vacancy has occurred in a position of one of the ship officers in the middle of the ship's voyage, but it is impracticable to fill the vacancy in cases other than those mentioned in subparagraphs 1 and 2. |
(2) | In cases falling under any subparagraph of paragraph (1), every shipowner shall, without delay, notify the Minister of Oceans and Fisheries of such fact and the plan to fill the vacancy. <Amended on Mar. 23, 2013> |
(3) | Upon receipt of notification under paragraph (2), the Minister of Oceans and Fisheries may order the relevant shipowner to fill such vacancy without delay if deemed necessary. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 15, 2011]
[Title Amended on Feb. 18, 2020]
Article 13 (Special Cases concerning Manning Standards by Permission) |
(1) | Where any of the following applies to a ship and the shipowner has obtained permission from the Minister of Oceans and Fisheries, he or she may hire a certificated officer so permitted to serve aboard ship as a ship officer for such duties, notwithstanding Article 11: <Amended on Mar. 23, 2013> |
1. | Where the ship navigates in tow by another ship; |
2. | Where the ship is not used for navigation due to docking, repair, mooring and any other reasons; |
3. | Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(2) | In cases prescribed by Presidential Decree where it is deemed inevitable for the demand for and supply of certificated officers, the Minister of Oceans and Fisheries may lower the classes among the manning standards under Article 11, and may grant permission for such serving aboard ship, within up to six months. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 14 (Application of Manning Standards of Certificated Officers) |
A certificated officer serving aboard ship as a ship officer shall work aboard ship according to the manning standards pursuant to Article 11 except in cases where he or she is permitted to do so in accordance with Article 13. [This Article Wholly Amended on Jun. 15, 2011]
Article 15 (Keeping of COCs) |
Where a certificated officer serves aboard ship and performs duties as a ship officer, he or she shall submit his or her COC or certificate of endorsement to the master, and the master shall keep it in the ship.
[This Article Wholly Amended on Jun. 15, 2011]
Article 16 (Refresher Training of Certificated Officers) |
The Minister of Oceans and Fisheries may require certificated officers to undergo refresher training, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, if deemed necessary for improving the capabilities and technical expertise of certificated officers, and implementing the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel. <Amended on Mar. 23, 2013; Mar. 24, 2014>
[This Article Wholly Amended on Jun. 15, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
Article 17 (Supervision of Foreign Ships) |
(1) | The Minister of Oceans and Fisheries may authorize subordinate public officials to inspect or examine ship officers serving aboard foreign ships within the territorial waters of the Republic of Korea with respect to the following: <Amended on Mar. 23, 2013; Mar. 24, 2014> |
1. | Whether the ship officers carry appropriate COCs or certificates of proficiency (COPs) under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel; |
2. | Whether the ship officers have knowledge and capabilities equivalent to the levels prescribed in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers or the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel. |
(2) | Where one of ship officers is found to fail to satisfy the requirements prescribed in each subparagraph of paragraph (1) as a result of an inspection or examination conducted under paragraph (1), the Minister of Oceans and Fisheries shall give written notice to the master of the relevant foreign ship to hire another person who satisfies such requirements. In such cases, the Minister of Oceans and Fisheries shall give written notice to the consul of the relevant country in Korea (referring to the consul of the country to which the ship in question belongs, and where no such consul exists, referring to a diplomat or a maritime authority in the nearest place) to take measures necessary for such master to hire an appropriate person serving aboard ship. <Amended on Mar. 23, 2013> |
(3) | Where the Minister of Oceans and Fisheries deems that continuing navigation is likely to pose a danger to human life or property or impediment to the conservation of a marine environment, if the master of a foreign ship who has received written notice under the forepart of paragraph (2) fails to hire a person serving aboard ship who satisfies the requirements prescribed in each subparagraph of paragraph (1), he or she may order such foreign ship to suspend navigation or may suspend its navigation. <Amended on Mar. 23, 2013> |
(4) | If the Minister of Oceans and Fisheries deems that a danger or an impediment under paragraph (3) has ceased, he or she allow the relevant foreign ship to navigate, without delay. <Amended on Mar. 23, 2013> |
(5) | The methods of inspections or examinations referred to in paragraph (1) and the qualifications of public officials who perform such inspections or examinations shall be governed by Articles 68 and 76 of the Ship Safety Act. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 18 Deleted. <Feb. 8, 1999> |
Article 19 (Presentation of Identification) |
A public official who performs an inspection or examination in accordance with Article 17 shall present a certificate of identification indicating his or her authority to related persons. [This Article Wholly Amended on Jun. 15, 2011]
Article 20 Deleted. <Mar. 31, 2005> |
Article 21 (Sea Training of Cadets) |
(1) | Sea training of cadets shall be classified into training ship training on board a training ship of a recognized education and training institute and industry ship training on board either a merchant or fishing vessel (hereinafter referred to as "industry ship training"). |
(2) | Where cadets who wish to undergo industry ship training, a shipowner shall conduct industry ship training in accordance with the guidelines for industry ship training prescribed and publicly notified by the Minister of Oceans and Fisheries. |
(3) | The head of a central administrative agency may partially subsidize a shipowner who conducts industry ship training for him or her pursuant to paragraph (2) within budgetary limits. |
(4) | Expenses under paragraph (3) shall be subsidized through the recognized education and training institute entrusted with industry ship training. |
[This Article Wholly Amended on Feb. 18, 2020]
Article 21-2 (Contracts for Industry Ship Training) |
(1) | A shipowner who conducts industry ship training pursuant to Article 21 (2) shall enter into an industry ship training contract with cadets using the standard form of industry ship training prescribed and publicly notified by the Minister of Oceans and Fisheries before conducting industry ship training. |
(2) | Where necessary to protect cadets or to improve internal values of industry ship training, the head of a recognized education and training institute may participate in the conclusion of industry ship training contracts. |
(3) | A shipowner who conducts industry ship training shall comply with the contract terms and conditions of industry ship training entered into under paragraph (1). |
(4) | A contract for industry ship training under paragraph (1) shall include the following: |
1. | Rights and duties of ship owners and cadets; |
2. | Industry ship training allowances; |
3. | The contents of and the methods for the industry ship training; |
4. | Period and hours of industry ship training; |
5. | Evaluation of the results of industry ship training; |
6. | Matters concerning the welfare, etc. of cadets. |
(5) | Ship officers designated by a shipowner to be in charge of industry ship training shall provide education on industry ship training in accordance with the guidelines for operating industry ship training referred to in Article 21 (2). |
[This Article Newly Inserted on Feb. 18, 2020]
Article 21-3 (Management of Industry Ship Training by Recognized Education and Training Institute) |
(1) | The head of a recognized education and training institute shall recommend cadets who are to undergo industry ship training (hereafter in this Article referred to as "cadets subject to industry ship training") in accordance with the guidelines for industry ship training specified in Article 21 (2) and shall manage the safety of cadets subject to industry ship training and other similar matters in order to protect its cadets and enrich industry ship training. |
(2) | The head of a recognized education and training institute who participates in concluding a contract for industry ship training under Article 21-2 (1) and (2) shall formulate a plan for managing industry ship training before conducting such training; shall notify such plan to cadets subject to industry ship training, etc. who are to undergo the training through a presentation, etc.; and shall provide such cadets with preliminary education on the ship environment, training conditions, the prevention of safety-related accidents, and other similar matters on the ship of the relevant institute used for industry ship training. |
(3) | The head of a recognized education and training institute shall conduct a fact-finding inspection of whether the safety and rights, etc. of cadets subject to industry ship training are guaranteed with regard to the ship, etc. of a shipowner that the cadets subject to industry ship training of the relevant institute are aboard and shall submit the outcomes of such inspection to the Minister of Oceans and Fisheries. In such cases, the shipowner shall cooperate in submitting materials for the fact-fining inspection, allowing relevant persons of the recognized education and training institute to be aboard the ship used for industry ship training, and other similar matters. |
(4) | The guidelines for industry ship training under Article 21 (2) shall include the following: |
1. | The procedures for selecting cadets subject to industry ship training, their health conditions, and the provision and utilization of their aptitude and personality test results; |
2. | The timing, period, details, etc. of preliminary education on industry ship training; |
3. | The formulation of a management plan necessary for industry ship training, presentations on management given to students, teachers, etc., and other similar matters; |
4. | The subject matters, frequency, and items, etc. of a fact-finding inspection; |
5. | The methods for submitting the outcomes of a fact-finding inspection and for taking measures; |
6. | The preparation and management of statistics, the guidance for and supervision over cadets subject to industry ship training, the provision of preventive education, the designation of a responsible professor, and other similar matters to prevent safety-related accidents from occurring to cadets subject to industry ship training; |
7. | The organization, operation, etc. of a consultative body in which recognized education and training institutes, shipowners, and other relevant persons participate. |
[This Article Newly Inserted on Oct. 18, 2022]
Article 22 (Prohibition of Unjust Use of COC) |
(1) | No certificated officer or person who has obtained the recognition of certificate under Article 10-2 may lend his or her COC or certificate of endorsement to another person or use it unjustly. <Amended on Feb. 18, 2020> |
(2) | No one shall arrange the lending of a COC or certificate of endorsement of a certificated officer or a person who has obtained the recognition of certificate under Article 10-2, or the improper use thereof. <Newly Inserted on Feb. 18, 2020> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 23 (Delegation and Entrustment of Authority) |
(1) | The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries may entrust part of duties related to procedures for administering examinations for certificated officers under Article 5, or receiving applications for renewal of licenses under Article 7 to any of the following entities, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013> |
2. | A corporation established by obtaining permission from the Minister of Oceans and Fisheries, members of which are certificated officers. |
(3) | A corporation entrusted with duties under paragraph (2) may collect fees in performing the duties so entrusted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 24 (Services Abroad) |
(1) | Affairs related to ship officers in a foreign country shall be conducted by a consul of the Republic of Korea. |
(2) | When the consul has conducted the affairs under paragraph (1), he or she shall notify the Minister of Oceans and Fisheries of the details thereof via the Minister of Foreign Affairs and Trade, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 25 (Provisions to Be Applied Mutatis Mutandis) |
(1) | This Act shall apply mutatis mutandis to the officers of a foreign ship chartered by a person who is entitled to possess a Korean ship. |
(2) | Articles 9, 14, 15, and 22 and penalty provisions or administrative fines under the relevant Articles shall apply mutatis mutandis to a certificated officer who has obtained a license under Article 4 and serves aboard a foreign ship. |
[This Article Wholly Amended on Jun. 15, 2011]
Article 25-2 (Electronic Processing of Civil Affairs Administration) |
Article 26 of the Harbor Act shall apply mutatis mutandis to the electronic processing, etc. of civil petition affairs under this Act. <Amended on Jan. 29, 2020> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 26 of the Harbor Act shall apply mutatis mutandis to the electronic processing, etc. of civil administration affairs under this Act. <Amended on Jan. 29, 2020> |
[This Article Wholly Amended on Jun. 15, 2011]
Article 26-2 (Re-Examination of Regulation) |
The Minister of Oceans and Fisheries shall examine and assess the appropriateness of subparagraph 1 (a) (ii) of Article 2, which prescribes to apply this Act even to the ships of less than five gross tonnage, every five years from the base date of December 31, 2008, prepare a report thereon and submit it to the competent Standing Committee of the National Assembly. <Amended on Mar. 23, 2013> [This Article Newly Inserted on Jun. 15, 2011]
CHAPTER V PENALTY PROVISIONS
Article 27 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for up to one year, or by a fine not exceeding 10 million won: <Amended on Aug. 27, 2015; Feb. 18, 2020>
1. | A person who obtains his or her license under Article 4 or the recognition of certificate under Article 10-2 by fraud or other improper means; |
2. | A person who serves aboard ship without obtaining a license under Article 4 or the recognition of certificate under Article 10-2, and a person who allows any such aforementioned person to serve aboard ship: Provided, That a person for whom the validity of his or her license or the recognition of certificate has expired during the service aboard ship shall be excluded; |
3. | A person who certifies one's seagoing service fraudulently; |
5. | A person who allows a certificated officer (including a person who has obtained the recognition of certificate under Article 10-2) to serve aboard ship, in violation of Article 11 (1); |
6. | A person who violates an order under Article 12 (3) or 17 (3); |
7. | When he or she leases his or her COC or certificate of endorsement to others, in violation of Article 22 (1), or unlawfully uses it; |
8. | A person who arranges the lending of a COC or certificate of endorsement or the improper use thereof, in violation of Article 22 (2). |
[This Article Wholly Amended on Jun. 15, 2011]
Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won:
[This Article Wholly Amended on Jun. 15, 2011]
Article 29 (Penalty Provisions) |
Any shipowner who refuses learning on board a ship for cadets or fails to comply with the guidelines for operating industry ship training in violation of Article 21 (2) shall be punished by a fine not exceeding one million won. [This Article Wholly Amended on Feb. 18, 2020]
Article 30 (Joint Penalty Provisions) |
If a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offense under subparagraph 4 or 5 of Article 27, or subparagraph 1 of Article 29, in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense. [This Article Wholly Amended on Jun. 15, 2011]
Article 31 (Administrative Fines) |
(1) | Any of the following persons shall be subject to an administrative fine of not more than five million won: <Newly Inserted on Feb. 18, 2020> |
1. | A shipowner who fails to enter into a contract for industry ship training in violation of Article 21-2 (1) or who fails to use a standard agreement on industry ship training when concluding a contract for industry ship training; |
2. | A shipowner who fails to comply with contract terms and conditions of industry ship training, in violation of Article 21-2 (3). |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Feb. 18, 2020> |
1. | Where the validity of the license of one of ship officers or of the recognition of certificate has expired during the service aboard ship, a person who allows any such aforementioned person of the ship officers to keep serving aboard ship; |
2. | A person who refuses, interferes with or evades an inspection or examination under Article 17 (1). |
(3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Feb. 18, 2020> |
1. | A person who fails to give the notice under Article 12 (2); |
2. | A person who fails to keep a COC or certificate of endorsement in a ship, in violation of Article 15. |
(4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries as prescribed by Presidential Decree. <Newly Inserted on Mar. 23, 2013; Feb. 18, 2020> |
[This Article Wholly Amended on Jun. 15, 2011]
ADDENDA <Act No. 3715, Dec. 31, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1984.
Article 2 (Transitional Measures concerning Modification of Class by Occupational Categories of Licenses)
(1) | A person who has obtained a license under the previous provisions before this Act enters into force (hereinafter referred to as "old license") shall be deemed for him or her to have obtained a license under Article 4 (hereinafter referred to as "new license") as listed in the following table. Old Licenses New Licenses Class I Master 1st Class Deck Officer Class I 1st Grade Deck Officer 2nd Class Deck Officer Class I 2nd Grade Deck Officer 3rd Class Deck Officer Class II Master Class II 1st Grade Deck Officer 4th Class Deck Officer Class II 2nd Grade Deck Officer 5th Class Deck Officer Class III Deck Officer 6th Class Deck Officer Class I Chief Engineer Officer 1st Class Engineer Officer Class I 1st Grade Engineer Officer 2nd Class Engineer Officer Class I 2nd Grade Engineer Officer 3rd Class Engineer Officer Class II Chief Engineer Officer Class II 1st Grade Engineer Officer 4th Class Engineer Officer Class II 2nd Grade Engineer Officer 5th Class Engineer Officer Class III Engineer Officer 6th Class Engineer Officer Class I Radio Officer of Ships 1st Class Radio Officer Class II Radio Officer of Ships 2nd Class Radio Officer Class III Radio Officer of Ships 3rd Class Radio Officer Deck Officer of Small Ships Operator of Small Ships Engineer Officer of Small Ships |
(2) | A person who has had an old license shall be issued a new license as prescribed by Presidential Decree within three years from the date on which this Act enters into force. |
Article 3 (Transitional Measures concerning Successful Candidates in Examination for Certificated Officers)
Where a person, who has passed an examination for certificated officers under the previous provisions before this Act enters into force, applies for a new license, he or she may be entitled to obtain a new license corresponding to the old license.
Article 4 (Transitional Measures concerning Disposition of Revocation of Licenses)
A disposition revoking a license, suspending the performance of duties, reprimand, etc. taken under the previous provisions before this Act enters into force, shall be deemed taken under this Act.
Article 5 (Initial Date in Reckoning Validity of Old License)
The validity of an old license under Article 7 shall be counted from the date this Act enters into force. Article 6 Omitted.
ADDENDA <Act No. 4256, Aug. 1, 1990>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of item (b) of subparagraph 1 of Article 2 shall enter into force three months after the date of its promulgation, and the amended provisions of Article 4 (2) 4 shall enter into force on January 1, 1994. |
(2) | (Applicability to Persons Who Passed Examination for Certificated Officers) The amended provisions of Article 5 (1) 1 shall also apply to persons who have passed an examination for certificated officers before this Act enters into force. |
(3) | (Transitional Measures concerning Radio Officer Licenses) The radio officer licenses granted before this Act enters into force shall be construed as telecommunication-rating radio officer licenses under the amended provisions of Article 4 (2) 3. |
ADDENDA <Act No. 4441, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 4925, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5367, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Certificated Officer’s Licenses)
(1) | A person granted a third class radio officer license (limited) as at the time this Act enters into force shall be deemed granted a fourth class radio officer license under this Act; a person who has passed a test for third class radio officer (limited) shall be deemed to have passed a test for fourth class radio officers. |
(2) | Telegraph class radio officer licenses from among radio officer licenses as at the time this Act enters into force shall be deemed licenses of radio officers of radio waves communications class; electron class radio officer licenses shall be deemed licenses of radio officers of radio waves electronics class. |
(3) | A person granted a fifth class operating officer’s license as at the time this Act enters into force shall be deemed granted a fifth class deck officer’s license or a fifth class engineer officer’s license. |
Article 3 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to any violation committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5923, Feb. 8, 1999>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
(2) | (Transitional Measures relating to Penalty Provisions) The application of the penalty provisions to any act committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 6397, Jan. 29, 2001>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force one year after the date of its promulgation. |
(2) | (Transitional Measures concerning Persons Who Passed Examination for Certificated Officers) The previous provisions shall govern where the persons who have already passed an examination for certificated officers as at the time this Act enters into force, intend to obtain licenses. |
ADDENDA <Act No. 7480, Mar. 31, 2005>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
(2) | (Transitional Measures concerning Ship Officers of Fishing Boats and Excursion Ships, Ferries, etc.) Ship officers serving on a fishing boat reported for running the fishing boat business which weighs five tons or less, or serving on an excursion ship and ferry whose business area is ocean, as at the time this Act enters into force or until three years after this Act enters into force, may serve on the relevant ship without obtaining the licenses of certificated officers under this Act until three years from the date on which this Act enters into force. |
ADDENDA <Act No. 7789, Dec. 29, 2005>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
(2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall govern the application of penalty provisions to the acts committed before this Act enters into force. |
ADDENDA <Act No. 8222, Jan. 3, 2007>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
(2) | (Transitional Measures concerning Grounds for Disqualification as Certificated Officers) The amended provisions of subparagraph 5 of Article 6 shall also apply to certificated officers for whom two years have not passed from the date on which their licenses are revoked pursuant to Article 62 (1) of the Fisheries Act as at the time this Act enters into force. <Amended on Apr. 11, 2007> |
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (13) shall enter into force on July 4, 2007 and ··· <omitted> ···. Articles 2 through 16 Omitted.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9873, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 9874, Dec. 29, 2009>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (a) (ⅳ) of Article 2 and Article 4 (2) 4-2 shall enter into force one year after the date of its promulgation. |
(2) | (Transitional Measures concerning Penalty Provisions) In applying penalty provisions for the conducts committed prior to the enforcement of this Act, the former provisions shall apply. |
ADDENDA <Act No. 10458, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one and half years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 10798, Jun. 15, 2011>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5-3 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12538, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Ships for Trial Voyage)
The amended provisions of Article 3 (3) shall apply, starting with ships launched for making sea trial after this Act enters into force. Article 3 (Applicability to Requirements for Renewal of Certificated Officer’s Licenses)
The amended provisions of Article 7 (3) 1-2 shall apply, starting with persons who intend to renew their certificated officer’s licenses after this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts that were already promulgated before this Act enters into force but have yet to enter into force, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the date the respective Act enters into force. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13267, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17029, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 12 shall enter into force on the date of its promulgation, and the amended provisions of Articles 21, 21-2, 29, and 31 (1) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Revocation of Licenses)
(1) | The amended provisions of Article 9 shall begin to apply to a person who commits a violation after this Act enters into force. |
(2) | The violations committed before this Act enters into force shall be included in the computation of the number of violations under the amended provisions of Article 9. |
ADDENDA <Act No. 18059, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Revocation of Licenses)
The amended provisions of Article 9 (3) 3 shall begin to apply to cases where a certificated officer fails to comply with the demand for taking a sobriety test made by a police official affiliated with the Korea Coast Guard on or after the date this Act enters into force.
ADDENDA <Act No. 18428, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Licenses)
ADDENDA <Act No. 18755, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 19009, Oct. 18, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6-2 shall enter into force on the date of the promulgation, and those of Article 9 (1) 8 shall enter into force on June 11, 2023. Article 2 (Applicability to Separate Sentence of Punishment)
The amended provisions of Article 6-2 shall also apply to cases pending in a court as at the time such amended provisions enter into force: Provided, That such amended provisions shall not affect the effect taken under the previous provisions.
ADDENDA <Act No. 19573, Jul. 25, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 19907, Jan. 2, 2024>
This Act shall enter into force on the date of its promulgation.