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PILOTAGE ACT

Wholly Amended by Act No. 3908, Dec. 31, 1986

Amended by Act No. 4546, Mar. 10, 1993

Act No. 4926, Jan. 5, 1995

Act No. 5289, Jan. 13, 1997

Act No. 5809, Feb. 5, 1999

Act No. 5917, Feb. 8, 1999

Act No. 6610, Jan. 14, 2002

Act No. 7428, Mar. 31, 2005

Act No. 7788, Dec. 29, 2005

Act No. 8379, Apr. 11, 2007

Act No. 9443, Feb. 6, 2009

CHAPTER I GENERAL PROVISIONS 9443, Feb. 6, 2009>

[Enforcement Date : Aug. 7, 2009]

Article 1 (Purpose)

The purpose of this Act is, by specifying the matters pertaining to the licensing of pilots and pilotage in a particular piloting area, to promote the navigational safety of ships and to contribute to the efficient operation of ports in a particular piloting area. Article 1 (Purpose)

The purpose of this Act is, by specifying the matters pertaining to the licensing of pilots and pilotage in a particular piloting area, to promote the navigational safety of ships and to contribute to the efficient operation of ports in a particular piloting area.

[Enforcement Date : Aug. 7, 2009]

Article 2 (Definitions)

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term "pilotage or piloting" means the service of a pilot involving his/her getting on board and guiding a ship along safe waterways in a particular piloting area;

2. The term "pilot" means a person who has been issued with a pilot's license qualifying him/her to engage in piloting services in a particular piloting area; and

3. The term "pilot trainee" means a person who has been posted to a particular piloting area to receive on-the-job training in piloting after having passed the test on piloting conducted by the Minister of Land, Transport, and Maritime Affairs. Article 2 (Definitions)

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term "pilotage or piloting" means the services of a pilot involving his/her getting on board and guiding a ship along safe waterways in a particular piloting area;

2. The term "pilot" means a person who has been issued with a pilot's license qualifying him/her to engage in piloting services in a particular piloting area; and

3. The term "pilot trainee" means a person who has been posted to a particular piloting area to receive on-the-job training in piloting after having passed the test in piloting under Article 15.

[Enforcement Date : Aug. 7, 2009]

Article 3 (Scope of Application)

Provisions relating to the shipmaster under this Act shall also apply to a person performing his/her duties on his/her behalf.

Article 3 (Scope of Application)

Provisions relating to the shipmaster under this Act shall also apply to a person performing his/her duties on his/her behalf.

[Enforcement Date : Aug. 7, 2009]

CHAPTER II LICENSING, ETC. OF PILOTS Act No. 9443, Feb. 6, 2009>

[Enforcement Date : Aug. 7, 2009]

Article 4 (Pilot's License)

(1) Any person who intends to become a pilot shall obtain a license issued by the Minister of Land, Transport, and Maritime Affairs.

(2) The license referred to in paragraph (1) shall be conducted in respect of each piloting area provided for in Article 17 in accordance with the classification of licenses into first and second class. (3) The criteria for the licensing of pilots and the types of ships that may be piloted with different classes of licenses shall be prescribed by Presidential Decree.

(4) Where the Minister of Land, Transport, and Maritime Affairs has licensed a pilot, he/she shall make an entry thereof on the Pilots' License Register and issue the latter with a pilot's license pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. (5) Where the license has been lost or worn or there has been a change in the entries of the license, such a license shall be reissued or the entries in the existing license shall be rewritten pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

Article 4 (Pilot's License)

(1) Any person who intends to become a pilot shall obtain a license issued by the Minister of Land, Transport, and Maritime Affairs. (2) The license referred to in paragraph (1) shall be conducted in respect of each piloting area provided for in Article 17 in accordance with the classification of licenses into first and second class.

(3) The criteria for the licensing of pilots and the types of ships that may be piloted with different classes of license shall be prescribed by Presidential Decree. (4) Where the Minister of Land, Transport, and Maritime Affairs has licensed a pilot, he/she shall make an entry thereof on the Pilots' License Register and issue the latter with a pilot's license pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

(5) Where the pilot falls under any of the following subparagraphs, the license shall be reissued or entries rewritten in the existing license pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs:

1. Where the license has been lost

2. Where the license has become worn

3. Where there has been a change in the entries of the license

[Enforcement Date : Aug. 7, 2009]

Article 5 (Requirements of Licensing)

The Minister of Land, Transport, and Maritime Affairs shall issue the license of pilot to a person who meets the following requirements:

1. A master of a ship weighing six thousand tons gross or more, who has experience boarding ships of five years or longer;

2. A person who has passed the pilot trainees' screening test as stipulated in Article 15 and who has received on-the-job training as a pilot trainee in a piloting area in which he/she intends to work as a pilot under the Ordinance of the Ministry of Land, Transport, and Maritime Affairs;

3. A person who has passed the pilot's test referred to in Article 15; and

4. A person who has passed a physical examination under the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. Article 5 (Requirements of Licensing)

The Minister of Land, Transport, and Maritime Affairs shall issue the license of pilot to a person who meets the following requirements:

1. A master of a ship weighing six thousand tons gross or more, who has experience boarding ships of five years or longer;

2. A person who has passed the pilot trainees' screening test as stipulated in Article 15 and who has received on-the-job training as a pilot trainee in a piloting area in which he/she intends to work as a pilot under the Ordinance of the Ministry of Land, Transport, and Maritime Affairs;

3. A person who has passed the pilots' test referred to in Article 15; and

4. A person who has passed a physical examination pursuant to Article 8 (1).

[Enforcement Date : Aug. 7, 2009]

Article 6 (Disqualifications)

Any person who falls under any of the following subparagraphs shall not be qualified as a pilot:

1. A person who is not a national of the Republic of Korea;

2. A person of incompetency or quasi-incompetency;

3. A person who, after having been declared bankrupt by a court, remains yet to be reinstated;

4. A person who was sentenced to an actual penalty of imprisonment and for whom two years have not passed after the termination of the enforcement thereof, (including a case wherein the enforcement is deemed to have been terminated), or where a final decision is made that the sentence was not to be enforced;

5. A person whose marine technician license under Article 9 (1) of the Ship Personnel Act has been cancelled or a person who was, in the course of discharging his/her duties as a shipmaster, suspended from performing his/her duties twice or more and for whom two years have not yet elapsed from the date of the expiry of the suspension period; or

6. A person for whom two years have not passed since the date of the cancellation of their pilot's license under Article 9 (1).

Article 6 (Disqualifications)

Any person who falls under any of the following subparagraphs shall not be qualified as a pilot:

1. A person who is not a national of the Republic of Korea;

2. A person of incompetency or quasi-incompetency;

3. A person who, after having been declared bankrupt by a court, remains not reinstated;

3. A person who, after having been declared bankrupt by a court, remains not reinstated;

4. A person who was sentenced to an actual penalty of imprisonment and for whom two years have not passed after the termination of the enforcement thereof, (including a case wherein the enforcement is deemed to have been terminated), or where the final decision is that the sentence was not to be enforced;

5. A person whose marine technician license under Article 9 (1) of the Ship Personnel Act has been cancelled or a person who was, in the course of discharging his/her duties as a shipmaster, suspended from performing his/her duties twice or more and for whom two years have not yet elapsed from the date of the expiry of the suspension period; or

6. A person for whom two years have not passed since the date of the cancellation of their pilot's license under Article 9 (1).

[Enforcement Date : Aug. 7, 2009]

Article 7 (Age Limit for Pilot)

Pilots may engage in piloting services up to 65 years of age. Article 7 (Age Limit for Pilots)

Pilots may engage in piloting services up to 65 years of age.

[Enforcement Date : Aug. 7, 2009]

Article 8 Deleted. Article 8 (Physical Examination)

(1) Any person who intends to become a pilot shall pass a physical examination. (2) The pilot shall take a regular physical examination within three months before or after the date every two year from the issue date of the pilot's license under Article 4 (4).

(3) Matters necessary for the pass criteria of the physical examination and the method and procedures, etc. of the examination under the provisions of paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[Enforcement Date : Aug. 7, 2009]

Article 9 (Revocation, etc. of License)

(1) The Minister of Land, Transport, and Maritime Affairs may, where a pilot falls under any one of the following subparagraphs, revoke his/her license or suspend his/her piloting services by specifying a period not exceeding six months, provided that he/she shall revoke the license in cases where the pilot falls under subparagraphs 1 and 4:

1. Where the pilot is found to have obtained his/her pilot's license by fraudulent or other unlawful means;

2. Where the pilot pilots any ship whose type is different from the type of the ship for which his/her pilot's license is issued in violation of the provisions of Article 4 (3);

3. Where he/she fails to meet the standards for passing the physical examination provided for in the provisions of subparagraph 4 of Article 5;

4. Where he/she falls under the grounds of disqualification provided for in the provisions of each subparagraph of Article 6;

5. Where he/she refuses to comply with a request for piloting a ship without any justifiable grounds in violation of the provisions of Article 18 (2);

6. Where he/she discriminately performs his/her piloting service duties in violation of the provisions of Article 18-2;

7. Where he/she causes a maritime accident, (referring to a maritime accident provided for in the provisions of subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents), while performing his/her piloting service duties, provided that the same shall not apply to cases where said maritime accident is caused by force majeure; and

8. Where he/she performs his/her piloting service duties in the period during which his/her piloting service license has been suspended. (2) The Minister of Land, Transport, and Maritime Affairs shall, where he/she intends to revoke any license pursuant to the provisions of paragraph (1), hold a hearing thereon. (3) The Minister of Land, Transport, and Maritime Affairs shall, where he/she takes a disposition revoking the license or suspending services under the provision of paragraph (1), notify the pilot involved of the details of the disposition, and the pilot notified as such shall submit his/her license to the Minister within 30 days. (4) The Minister of Land, Transport, and Maritime Affairs shall not take such a disposition as stipulated under the provisions of paragraph (1) in cases where the maritime accident in question falling under paragraph (1) 7 is pending before a marine safety inquiry under the Act on the Investigation of and Inquiry into Marine Accidents. In this case, the Minister may, where he/she considers the accident to be so serious that he/she deems it inappropriate for the pilot involved to continue his/her services, prevent him/her from engaging in piloting service duties for four months or less. (5) The piloting service suspension period referred to in the provisions of paragraph (1) shall be calculated beginning on the date on which the license is submitted to the Minister of Land, Transport, and Maritime Affairs.

(6) The detailed standards for the administrative disposition referred to in the provisions of paragraph (1) shall be set by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs taking into account the type and the extent, etc. of the violation.

Article 9 (Revocation, etc. of License)

(1) The Minister of Land, Transport, and Maritime Affairs may, where a pilot falls under any one of the following subparagraphs, revoke his/her license or suspend his/her piloting service license by specifying a period not exceeding six months, provided that he/she shall revoke the license in cases where the pilot falls under subparagraphs 1 and 3:

1. Where the pilot is found to have obtained his/her pilot license by fraudulent or other unlawful means;

2. Where the pilot pilots any ship whose type is different from the type of the ship for which his/her pilot's license is issued in violation of the provisions of Article 4 (3);

3. Where he/she falls under the grounds of disqualification provided for in the provisions of each subparagraph of Article 6;

4. Where he/she does not take the regular physical examination provided for in the provisions of Article 8 (2);

5. Where he/she fails to meet the standards for passing the physical examination provided for in the provisions of Article 8 (3);

6. Where he/she refuses to comply with a request for piloting a ship without any justifiable grounds in violation of the provisions of Article 18 (2);

7. Where he/she discriminately performs his/her piloting service duties in violation of the provisions of Article 18-2;

8. Where he/she causes a maritime accident, (referring to a maritime accident provided for in the provisions of subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents), while performing his/her piloting service duties, provided that the same shall not apply to cases where the maritime accident is caused by force majeure; and

9. Where he/she performs his/her piloting service duties in a period during which his/her piloting service license has been suspended.

10. Where he/she, while being drunk, operates or orders the operation of a steering gear in violation of Article 8 (1) under the Marine Traffic Safety Act or does not adhere to an alcohol test request of a police officer under the Korea Coast Guard.

(2) The Minister of Land, Transport, and Maritime Affairs shall, in cases where he/she intends to revoke any license pursuant to the provisions of paragraph (1), hold a hearing thereon.

(3) The Minister of Land, Transport, and Maritime Affairs shall, where he/she takes a disposition revoking the license or suspending the services under the provision of paragraph (1), notify the pilot involved of the details of the disposition, and the pilot notified as such shall submit his/her license to the Minister within 30 days. (4) The Minister of Land, Transport, and Maritime Affairs shall not take such a disposition as stipulated under the provisions of paragraph (1) in cases where the maritime accident in question falling under paragraph (1) 8 is pending before a marine safety inquiry under the Act on the Investigation of and Inquiry into Marine Accidents. In this case, the Minister may, where he/she considers the accident to be so serious that he/she deems it inappropriate for the pilot involved to continue his/her services, prevent him/her from engaging in piloting service duties for four months or less.

(5) The piloting service suspension period referred to in the provisions of paragraph (1) shall be calculated beginning on the date on which the license is submitted to the Minister of Land, Transport, and Maritime Affairs. (6) The detailed standards for the administrative disposition referred to in the provisions of paragraph (1) shall be set by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs taking into account the type and the extent, etc. of the violation.

[Enforcement Date : Aug. 7, 2009]

Articles 10 through 12 Deleted. Article 13 (Notice)

The shipmaster of a ship shall, where a pilot gets on board his/her ship for piloting duties, provide him/her with information on the technical features of the ship, the draught, engine conditions, and other data necessary for piloting successfully. Article 13 (Notice)

The shipmaster of a ship shall, where a pilot gets on board his/her ship for piloting, provide him/her with information on the technical features of the ship, the draught, engine conditions, and other data necessary for piloting successfully.

[Enforcement Date : Aug. 7, 2009]

Article 14 (Scheme on the Supply and Demand of Pilots) (1) The Minister of Land, Transport, and Maritime Affairs shall work out an annual scheme on the supply and demand of pilots by each piloting area. (2) Matters necessary for such a scheme on the supply and demand of pilots referred to in paragraph (1) shall be prescribed by Presidential Decree. Article 14 (Scheme on the Supply and Demand of Pilots) (1) The Minister of Land, Transport, and Maritime Affairs shall work out an annual scheme on the supply and demand of pilots by each piloting area. (2) Matters necessary for such a scheme on the supply and demand of pilots referred to in paragraph (1) shall be prescribed by Presidential Decree.

[Enforcement Date : Aug. 7, 2009]

Article 15 (Tests)

(1) The Minister of Land, Transport, and Maritime Affairs shall conduct the pilot trainees' screening test and the pilots' test by reference to such a scheme on the supply and demand of pilots as referred to in Article 14 (1).

(2) Matters necessary for the subjects, method, and conduct of such tests as provided for in paragraph (1) shall be prescribed by Presidential Decree. Article 15 (Tests)

(1) The Minister of Land, Transport, and Maritime Affairs shall conduct the pilot trainees' screening test and the pilots' test by reference to such a scheme on the supply and demand of pilots as referred to in Article 14 (1). (2) Matters necessary for the subjects, method, and conduct of such tests as provided for in paragraph (1) shall be prescribed by Presidential Decree.

[Enforcement Date : Aug. 7, 2009]

Article 16 (Measures for Cheating in Tests)

(1) With respect to an examinee who cheats in the pilot trainees' screening test and the pilots' test under Article 15 (1), the relevant tests shall be suspended or nullified. (2) Any person subjected to a disposition of suspension or nullification of the relevant tests under paragraph (1) shall be suspended from the qualification for applying for the pilot trainees' screening test and the pilots' test for two years from the date on which such disposition is taken.

Article 16 (Measures for Cheating in Tests)

(1) With respect to an examinee who cheats in the pilot trainees' screening test and the pilots' test under Article 15 (1), the relevant tests shall be suspended or nullified. (2) Any person subjected to a disposition of suspension or nullification of the relevant tests under paragraph (1) shall be suspended from the qualification for applying for the pilot trainees' screening test and the pilots' test for two years from the date on which such disposition is taken.

[Enforcement Date : Aug. 7, 2009]

CHAPTER III PILOTAGE AND PILOTING AREAS

[Enforcement Date : Aug. 7, 2009]

Article 17 (Piloting Areas)

The names and delimitations of different piloting areas shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. Article 17 (Piloting Areas)

The names and delimitations of different piloting areas shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[Enforcement Date : Aug. 7, 2009]

Article 18 (Pilotage)

(1) The shipmaster operating a ship falling under any of the subparagraphs of Article 20 (1) in such a piloting area as stipulated in the provision of the same Article and the same paragraph, or a shipmaster seeking to have a pilot get on board his/her ship shall, in advance, request the piloting service through available communication means prior to entering or departing from the piloting area in question. (2) A pilot who has been requested to pilot a ship under the provisions of paragraph (1) shall not refuse such said request except in cases falling under any one of the following subparagraphs:

1. Where the operation of a ship is restricted by other Acts and subordinate statutes;

2. Where the performance of the piloting service is considerably hampered by reason of natural disaster or other force majeure;

3. Where the performance of the relevant piloting service is not in conformity with the contractual terms and conditions of pilotage already approved; and

4. Deleted. (3) Every shipmaster who has requested any pilot to perform piloting services pursuant to the provisions of paragraph (1), shall get every pilot to embark and disembark his/her ship in the port of embarkation and disembarkation as prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, except where the head of the Regional Land, Transport, and Maritime Affairs Office publishes otherwise, and the pilot shall comply with the shipmaster's request. (4) Every shipmaster shall, where any pilot gets on board his/her ship, allow him/her to pilot the ship except where there are justifiable reasons not to do so. (5) Even where a pilot is in the course of piloting, the shipmaster shall not be exempted from his/her responsibility with respect to the safe operation of the ship, while at the same time his/her powers as the shipmaster shall not be infringed upon. Article 18 (Pilotage)

(1) The shipmaster operating a ship falling under any of the following subparagraphs shall, in advance, request piloting services through available communication means prior to entering or departing from the piloting area in question.

1. The shipmaster operating a ship falling under any of the provisions of the same Article and the same paragraph in such a piloting area under any of the subparagraphs of Article 20 (1); or

2. The shipmaster seeking to have a pilot get on board his/her ship (2) A pilot who has been requested to pilot a ship under the provisions of paragraph (1) shall not refuse such said request except in cases falling under any one of the following subparagraphs:

1. Where the operation of a ship is restricted by other Acts and subordinate statutes;

2. Where the performance of the piloting service is considerably hampered by reason of natural disaster or other force majeure;

3. Where the performance of the relevant piloting service is not in conformity with the contractual terms and conditions of pilotage already approved; and (3) Every shipmaster who has requested any pilot to perform piloting services pursuant to the provisions of paragraph (1), shall get every pilot to embark and disembark his/her ship in the port of embarkation and disembarkation prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, except where the head of the Regional Land, Transport, and Maritime Affairs Office publishes otherwise, and the pilot shall comply with the shipmaster's request. (4) Every shipmaster shall, where any pilot gets on board his/her ship, allow him/her to pilot the ship except where there are justifiable reasons not to do so. (5) Even where a pilot is in the course of piloting, the shipmaster shall not be exempted from his/her responsibility with respect to the safe operation of the ship, while at the same time his/her powers as the shipmaster shall not be infringed upon.

[Enforcement Date : Aug. 7, 2009]

Article 18-2 (Ban on Discriminatory Pilotage)

Every pilot shall refrain from conducting discriminatory pilotage in disregard of the order of entrance or departure among the ships requesting piloting services, provided that this shall not apply to cases where there exist such grounds as specified by Presidential Decree.

[This Article Newly Inserted by Act No. 4926, Jan. 5, 1995] Article 18-2 (Ban on Discriminatory Pilotage)

Every pilot shall refrain from conducting discriminatory pilotage in disregard of the order of entrance or departure among the ships requesting piloting services, provided that this shall not apply to cases where there exist such grounds as specified by Presidential Decree.

[Enforcement Date : Aug. 7, 2009]

Article 19 (Restrictions on Pilotage)

(1) No person other than a qualified pilot shall pilot a ship. (2) Every shipmaster shall refrain from allowing a person other than a qualified pilot to pilot his/her ship.

Article 19 (Restrictions on Pilotage)

(1) No person other than a qualified pilot shall pilot a ship. (2) Every shipmaster shall refrain from allowing a person other than a qualified pilot to pilot his/her ship.

[Enforcement Date : Aug. 7, 2009]

Article 20 (Compulsory Pilotage)

(1) The shipmaster of a ship falling under any one of the following subparagraphs shall, where he/she operates the ship in question in such a piloting area as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, allow a pilot to get on board and pilot the ship, provided that this shall not apply to such cases where the shipmaster is deemed capable of operating the relevant ship safely in the piloting area as prescribed by Presidential Decree:

1. A ship of five hundred gross tonnage or more which has not been registered with the Republic of Korea;

2. A ship of five hundred gross tonnage or more which has been registered with the Republic of Korea and is engaged in international navigation;

3. A ship of 2,000 gross tonnage or more which has been registered with the Republic of Korea without being engaged in international navigation, provided that for a lighter, it shall be limited to a lighter combined with a tugboat, and the gross tonnage in that case shall be computed by adding the gross tonnages of the lighter and the tugboat; and

4. Deleted. (2) Deleted.

Article 20 (Compulsory Pilotage)

(1) The shipmaster of a ship falling under any one of the following subparagraphs shall, where he/she operates the ship in question in such a piloting area as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, allow a pilot to get on board and pilot the ship:

1. A ship of five hundred gross tonnage or more which has not been registered with the Republic of Korea;

2. A ship of five hundred gross tonnage or more which has been registered with the Republic of Korea and is engaged in international navigation;

3. A ship of 2,000 gross tonnage or more which has been registered with the Republic of Korea without being engaged in international navigation, provided that for a lighter, it shall be limited to a lighter combined with a tugboat, and the gross tonnage in that case shall be computed by adding the gross tonnages of the lighter and the tugboat; and

4. Deleted. (2) Notwithstanding paragraph (1), where the Minister of Land, Transport, and Maritime Affairs acknowledges that the ship is capable of navigating safely in the piloting area, the shipmaster of the relevant ship falling under any one of the following subparagraphs may not allow a pilot to get on board:

1. Where the shipmaster of the ship, (including a ship leased on the condition that it will be registered with the Republic of Korea), which has been registered with the Republic of Korea, as prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs has entered or departed from a piloting area more than the number of times prescribed by Presidential Decree. The Minister of Land, Transport, and Maritime Affairs may determine the number of entrance and departure times for the shipmaster, which may not allow a pilot to get on board, and the scope of the ship in consideration of the characteristics of the piloting area, and publish a notice thereof.

2. Where any person who has a boarding qualification such as a navigation officer etc. as prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs has entered or departed from the relevant piloting area more than the number of times prescribed by Presidential Decree in order to test run a ship built or repaired in a shipyard.

(3) Matters relating to the exemption procedures, etc. under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[Enforcement Date : Aug. 7, 2009]

Article 21 (Pilotage Dues)

(1) Every pilot shall fix pilotage dues pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs and file a report thereon, in advance, with the Minister of Land, Transport, and Maritime Affairs. The same shall apply where he/she intends to change such dues.

(2) A pilot who has performed piloting service duties shall be entitled to request the master or owner of the ship piloted to pay pilotage dues. (3) The master or owner of a ship requested to pay such pilotage dues under paragraph (2) shall make such said payment without delay. (4) No pilot shall charge pilotage dues in excess of those declared under the provisions of paragraph (1).

Article 21 (Pilotage Dues)

(1) Every pilot shall fix pilotage dues pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs and file a report thereon, in advance, with the Minister of Land, Transport, and Maritime Affairs. The same shall apply where he/she intends to change the pilotage dues.

(2) A pilot who has performed piloting service duties shall be entitled to request the master or owner of the ship piloted to pay pilotage dues. (3) The master or owner of a ship requested to pay such said pilotage dues under paragraph (2) shall make payment without delay.

(4) No pilot shall charge pilotage dues in excess of those declared under the provisions of paragraph (1).

[Enforcement Date : Aug. 7, 2009]

Article 22 (Relocation of a Pilot to a Different Piloting Area) (1) The Minister of Land, Transport, and Maritime Affairs may, where deemed necessary, post a pilot to another piloting area with the consent of the pilot and have him/her trained for such a period as specified by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs and allow him/her to engage in piloting services in said location.

(2) Matters necessary for the relocation of a pilot to a different piloting area under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

Article 22 (Relocation of a Pilot to a Different Piloting Area) (1) The Minister of Land, Transport, and Maritime Affairs may, where deemed necessary, post a pilot to another piloting area with the consent of the pilot and have him/her trained for such a period as specified by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs and allow him/her to engage in piloting services in said location.

(2) Matters necessary for the relocation of a pilot to a different piloting area under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[Enforcement Date : Aug. 7, 2009]

Article 23 (Boarding of Pilot Trainees, etc.)

The shipmaster requesting a pilot to get on board and pilot his/her ship shall not refuse him/her to be accompanied by another pilot under training pursuant to the provisions of Article 22 (1) and a pilot trainee undergoing on-the-job training. Article 23 (Boarding of Pilot Trainees, etc.)

The shipmaster requesting a pilot to get on board and pilot his/her ship shall not refuse him/her to be accompanied by another pilot under training pursuant to the provisions of Article 22 (1) and a pilot trainee undergoing on-the-job training.

[Enforcement Date : Aug. 7, 2009]

Article 24 (Ban on Forced Escorting of a Pilot)

No shipmaster shall escort out of the piloting area a pilot who has piloted his/her ship at sea unless there are any justifiable reasons to do so. Article 24 (Ban on Forced Escorting of a Pilot)

No shipmaster shall escort out of the piloting area a pilot who has piloted his/her ship at sea unless there are any justifiable reasons to do so.

[Enforcement Date : Aug. 7, 2009]

Article 25 (Safety Measures Upon Embarkation and Disembarkation) Every shipmaster shall take steps and install facilities necessary for pilots to safely embark and disembark his/her ship. Article 25 (Safety Measures Upon Embarkation and Disembarkation) Every shipmaster shall take steps and install facilities necessary for pilots to safely embark and disembark his/her ship.

[Enforcement Date : Aug. 7, 2009]

Article 26 (Piloting Flags, etc.)

The types and the methods of hoisting and piloting flags as well as the method of their signaling shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

Article 26 (Piloting Flags, etc.)

(1) Piloting flags shall be hoisted on any piloted boat engaged in piloting services. (2) The types and methods of hoisting and piloting flags as well as the method of their signaling shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[Enforcement Date : Aug. 7, 2009]

Article 27 (Pilot Boats and Pilot Boat Charges)

(1) Every pilot shall be provided with a pilot boat and other equipment necessary to perform piloting services.

(2) Matters necessary for the equipment and fittings as well as the operation of a piloted boat shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

(3) Every pilot shall, under the conditions as prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, determine pilot boat charges and report thereon, in advance, to the Minister of Land, Transport, and Maritime Affairs. The same shall apply where he/she intends to change the charges.

(4) A pilot who has rendered piloting services shall be entitled to request the master or owner of the ship piloted to pay not only pilotage dues but also pilot boat charges as reported beforehand to the Minister of Land, Transport, and Maritime Affairs.

(5) No pilot shall receive his/her pilot boat charges in excess of the pilot boat charges on which he/she has reported pursuant to the provisions of paragraph (3).

Article 27 (Pilot Boats and Pilot Boat Charges)

(1) Every pilot shall be provided with a pilot boat and other equipment necessary to perform piloting services.

(2) Matters necessary for the equipment and fittings as well as the operation of a piloted boat shall be determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

(3) Every pilot shall, under the conditions as prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, determine pilot boat charges and report thereon, in advance, to the Minister of Land, Transport, and Maritime Affairs. The same shall apply where he/she intends to change the charges. (4) A pilot who has rendered piloting services shall be entitled to request the master or owner of the ship piloted to pay not only pilotage dues but also pilot boat charges as reported beforehand to the Minister of Land, Transport, and Maritime Affairs. (5) No pilot shall receive his/her pilot boat charges in excess of the pilot boat charges on which he/she has reported pursuant to the provisions of paragraph (3).

[Enforcement Date : Aug. 7, 2009]

Article 28 Deleted. CHAPTER IV SUPPLEMENTARY PROVISIONS by Act No. 9443, Feb. 6, 2009>

[Enforcement Date : Aug. 7, 2009]

Article 29 (Report and Inspection)

(1) The Minister of Land, Transport, and Maritime Affairs may, where necessary for the navigational safety of ships, require pilots or shipmasters to make such reports on their respective services as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs or require public officials concerned to enter the offices of pilots or other places of work and piloted boats to inspect account books, documents, and other materials. (2) The inspection public officials referred to in the provisions of paragraph (1) shall carry certificates showing their authority and produce them to persons concerned and deliver a written statement in which their names, their entry and exit times, and the purposes of their entry and exit are recorded to the persons concerned.

Article 29 (Report and Inspection)

(1) The Minister of Land, Transport, and Maritime Affairs may, where necessary for the navigational safety of ships, require pilots or shipmasters to make such reports on their respective services as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs or require public officials concerned to enter the offices of pilots or other places of work and piloted boats to inspect account books, documents, and other materials.

(2) The inspection public officials referred to in the provisions of paragraph (1) shall carry certificates showing their authority and produce them to persons concerned and deliver a written statement in which their names, their entry and exit times, and the purposes of their entry and exit are recorded to the persons concerned.

[Enforcement Date : Aug. 7, 2009]

Articles 30 through 33 Deleted. Article 34 Deleted. Article 34-2 (Establishment and Operation of a Pilotage Administration Consultative Council)

(1) The Minister of Land, Transport, and Maritime Affairs may, for the purpose of the smooth administration of piloting services, approve of the setting up and operation of the Pilotage Administration Consultative Council, (hereinafter referred to as the "Consultative Council"), to be attended by representatives of pilots and those of the users of piloting services.

(2) Matters necessary for the composition, functions, and operation of the Consultative Council shall be prescribed by Presidential Decree. (3) The Minister of Land, Transport, and Maritime Affairs shall be empowered to mediate or demand reconsideration where consultations or decisions are not reached at the Consultative Council.

[This Article Newly Inserted by Act No. 4926, Jan. 5, 1995] Article 34-2 (Establishment and Operation of a Pilotage Administration Consultative Council)

(1) The Minister of Land, Transport, and Maritime Affairs may, for the purpose of the smooth administration of piloting services, approve of the setting up and operation of the Pilotage Administration Consultative Council, (hereinafter referred to as the "Consultative Council"), to be attended by representatives of pilots and those of the users of piloting services.

(2) Matters necessary for the composition, functions, and operation of the Consultative Council shall be prescribed by Presidential Decree. (3) The Minister of Land, Transport, and Maritime Affairs shall be empowered to mediate or demand reconsideration where consultations or decisions are not reached at the Consultative Council.

[Enforcement Date : Aug. 7, 2009]

Article 35 Deleted. [Enforcement Date : Aug. 7, 2009]

Article 36 (Terms and Conditions of Piloting)

(1) Pilots shall establish the terms and conditions of piloting relating to pilotage dues, etc. pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. (2) The Minister of Land, Transport, and Maritime Affairs may, where such terms and conditions of piloting stipulated in the provisions of paragraph (1) are likely to infringe upon the legitimate interests of users, order pilots to modify the terms and conditions of piloting.

(3) Deleted.

Article 36 (Terms and Conditions of Piloting)

(1) Pilots shall establish the terms and conditions of piloting relating to pilotage dues, etc. pursuant to the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. (2) The Minister of Land, Transport, and Maritime Affairs may, where such terms and conditions of piloting stipulated in the provisions of paragraph (1) are likely to infringe upon the legitimate interests of users, order pilots to modify the terms and conditions of piloting.

[Enforcement Date : Aug. 7, 2009]

Article 37 (Delegation of Powers)

The Minister of Land, Transport, and Maritime Affairs may delegate a part of the powers bestowed upon him/her under this Act to the head of the agency under his/her control pursuant to Presidential Decree.

Article 37-2 (Electronic Processing of Civil Petitions) The provisions of Article 77 of the Harbor Act shall be applied mutatis mutandis to the electronic processing, etc. of civil petitions arising under this Act. [This Article Newly Inserted by Act No. 4926, Jan. 5, 1995] Article 37-2 (Electronic Processing of Civil Petitions) The provisions of Article 77 of the Harbor Act shall be applied mutatis mutandis to the electronic processing, etc. of civil petitions arising under this Act.

[Enforcement Date : Aug. 7, 2009]

Article 38 (Fees)

Any person who applies for the issue, renewal, or reissue of a pilot's license or who intends to take the pilot trainees' screening test or the pilots' test shall pay such fees as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. Article 38 (Fees)

Any person falling under any one of the following subparagraphs shall pay such fees as determined by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs:

1. Any person who applies for the issue, renewal, or reissue of a pilot's license; or

2. Any person who intends to take the pilot trainees' screening test or the pilots' test

[Enforcement Date : Aug. 7, 2009]

CHAPTER V PENAL PROVISIONS 9443, Feb. 6, 2009>

[Enforcement Date : Aug. 7, 2009]

Article 39 (Penal Provisions)

Any person falling under any one of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won:

1. A person who has been issued with a pilot's license by deceit or any other wrongful means; or

2. A person who has violated the provisions of Article 19 and the main section of Article 20.

Article 39 (Penal Provisions)

Any person falling under any one of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won:

1. A person who has been issued with a pilot's license by deceit or any other wrongful means;

2. A person who is not a pilot but has performed piloting services or a shipmaster who causes a person who is not a pilot, to perform piloting services in violation of the provisions of Article 19

3. A shipmaster to navigate a ship in which a pilot does get on board in violation of the provisions of Article 20 (1).

[Enforcement Date : Aug. 7, 2009]

Article 40 (Penal Provisions)

Any person who has violated the provisions of Article 18 (2) and (3) or the main section of Article 18-2 shall be punished by a fine not exceeding three million won. [This Article Wholly Amended by Act No. 6610, Jan. 14, 2002] Article 40 (Penal Provisions)

Any person falling under any one of the following subparagraphs shall be punished by a fine not exceeding three million won:

1. A pilot intending to reject the request of piloting services in violation of the provisions of Article 18 (2);

2. A shipmaster that prohibits a pilot from performing piloting services without any justifiable reasons in violation of the provisions of Article 18 (4); or

3. A pilot that performs discriminately his/her piloting services in violation of the provisions of the main sections of Article 18-2.

[Enforcement Date : Aug. 7, 2009]

Article 41 (Fines for Negligence)

(1) Anyone falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:

1. Any person who has failed to have his/her license reissued or renewed in violation of the provisions of Article 4 (5);

2. Any person who has failed to submit his/her pilot license certificate within 30 days from the date on which he/she receives a notice that a disposition is taken to revoke his/her license and suspend his/her piloting services in violation of the provisions of Article 9 (3);

3. Any person who has failed to provide the relevant pilot with material, including the dimensions of the relevant ship, which is necessary for the latter to perform his/her piloting services in violation of the provisions of Article 13;

4. Any shipmaster who has failed to get any pilot to embark or disembark his/her ship in the port of embarkation and disembarkation or any pilot who has failed to comply with the measures taken by the shipmaster to get him/her to embark or disembark his/her ship in the port of embarkation and disembarkation in violation of the provisions of Article 18 (3);

5. Any person who has failed to report his/her pilotage dues or who has received pilotage dues in excess of the pilotage dues on which he/she has reported in violation of the provisions of Article 21 (1) and (4);

6. Any person who has refused to permit any pilot who is posted to any other piloting area or any pilot trainee to embark his/her ship in violation of the provisions of Article 23;

7. Any person who has failed to take the measures necessary to install embarkation and disembarkation facilities, etc. in violation of the provisions of Article 25;

8. Any person who has failed to report pilot boat charges or who has received pilot boat charges in excess of the pilot boat charges on which he/she has reported in violation of the provisions of Article 27 (3) and (5); and

9. Any person who has rejected, obstructed, or evaded the reporting and the inspection provided for in the provisions of Article 29 (1) without any justifiable grounds therefore.

(2) The fine for negligence referred to in the provisions of paragraph (1) shall be imposed and collected by the Minister of Land, Transport, and Maritime Affairs as prescribed by Presidential Decree.

(3) Any person who is dissatisfied with a disposition on such a fine for negligence as stipulated in the provisions of paragraph (2) may raise an objection to the Minister of Land, Transport, and Maritime Affairs within 30 days from the date on which he/she is notified of such said disposition. (4) Where a person subject to a disposition taken to impose a fine for negligence under paragraph (2) raises an objection pursuant to the provisions of paragraph (3), the Minister of Land, Transport, and Maritime Affairs shall notify the competent court of said fact, and the competent court notified as such shall try the disposition of the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.

(5) Where neither an objection is raised within such a period as prescribed in paragraph (3) nor the fine for negligence paid, the fine for negligence shall be collected pursuant to the example of the disposition on national taxes in arrears. Article 41 (Fines for Negligence)

(1) Anyone falling under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:

1. Any pilot who has failed to have his/her license reissued or renewed in violation of the provisions of Article 4 (5);

2. Any pilot who has failed to submit his/her pilot's license certificate within 30 days from the date on which he/she receives a notice that a disposition is taken to revoke his/her license and suspend his/her piloting services in violation of the provisions of Article 9 (3);

3. Any shipmaster who has failed to provide the relevant pilot with material, including the dimensions of the relevant ship, which is necessary for the latter to perform his/her piloting services in violation of the provisions of Article 13;

4. Any shipmaster who has failed to get any pilot to embark or disembark his/her ship in the port of embarkation and disembarkation or any pilot who has failed to comply with the measures taken by the shipmaster to get him/her to embark or disembark his/her ship in the port of embarkation and disembarkation in violation of the provisions of Article 18 (3);

5. Any pilot who has failed to report his/her pilotage dues or who has received pilotage dues in excess of the pilotage dues on which he/she has reported in violation of the provisions of Article 21 (1) and (4);

6. Any shipmaster who has refused to permit any pilot who is posted to any other piloting area or any pilot trainee to embark his/her ship in violation of the provisions of Article 23;

7. Any shipmaster who has failed to take the measures necessary to install embarkation and disembarkation facilities, etc. in violation of the provisions of Article 25; 7-2. Any shipmaster who has not hoisted piloting flags;

8. Any pilot who has failed to report pilot boat charges in violation of the provisions of Article 27 (3) or who has received pilot boat charges in excess of the pilot boat charges on which he/she has reported in violation of the provisions of Article 27 (5); and

9. Any pilot or shipmaster who has rejected, obstructed, or evaded the reporting and the inspection provided for in the provisions of Article 29 (1) without any justifiable grounds therefore.

(2) The fine for negligence referred to in the provisions of paragraph (1) shall be imposed and collected by the Minister of Land, Transport, and Maritime Affairs as prescribed by Presidential Decree.

[Enforcement Date : Aug. 7, 2009]

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures Relating to Pilot's Licenses) Any person who has been issued with a license under the previous provisions applicable prior to the enforcement of this Act shall be regarded as licensed under this Act. (3) (Transitional Measures Relating to Successful Applicants in Pilot Trainees' Screening Test) Any person who has passed the pilot trainees' screening test under the previous provisions applicable prior to the enforcement of this Act shall be regarded as being equipped with the experience of boarding ships as a shipmaster pursuant to subparagraph 1 of Article 5 of this Act.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation. Articles 2 through 4 Omitted.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures on Pilotage Dues and Pilot Boat Charges) Pilotage dues and pilot boat charges imposed under the previous provisions applicable at the time when this Act enters into force shall be regarded as pilotage dues and pilot boat charges as reported under this Act until they are reported pursuant to the amended provisions of Articles 21 and 27.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures) Any person who has already been licensed as a pilot at the time when this Act enters into force shall, notwithstanding the amended provisions of Article 4, conduct piloting pursuant to the previous provisions during the period of the valid license.

ADDENDA

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

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures on the Korea Maritime Pilots' Association) The Korea Maritime Pilots' Association established under the provisions of the previous Article 30 shall be deemed to be the incorporated association under the Civil Act. (3) (Transitional Measures on Penal Provisions) Previous provisions shall apply in the application of the penal provisions to acts committed prior to the entry into force of this Act.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures on Penal Provisions) The application of the penal provisions to acts committed before the enforcement of this Act shall be governed by the previous provisions.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. Articles 2 through 6 Omitted.

ADDENDA

(1) This Act shall enter into force six months after the date of its promulgation. (2) (Transitional Measures Concerning the Abrogation of the Extension of the Mandatory Retirement Age) With respect to anyone who obtains his/her license pursuant to the provisions of Article 4 (1) at the time this Act enters into force, his/her mandatory retirement age may be extended pursuant to the previous provisions, notwithstanding the amended provisions of the provisions of Article 7. (3) (Transitional Measures Concerning Penal Provisions) The application of penal provisions to any act committed before this Act enters into force shall be governed by the previous provisions.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 11 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation, provided that the amended provisions of Articles 28 and 37 shall enter into force on the date of its promulgation.

Articles 2 (Application and Transitional Measures Concerning Physical Examinations)

(1) The amended provision of Article 8 (2) shall, after the enforcement of this Act, apply to any pilot, (excluding a pilot pursuant to Article 2), who has obtained a pilot's license during the enforcement period of the previous Act, from the first year in which the expiration period of the pilot's license is doubled after the pilot has obtained a pilot's license. (2) Where any pilot takes a physical examination during the enforcement period of the previous Act pursuant to Article 2 of the Addenda under the Pilotage Act No. 7788, the date of the physical examination shall be deemed the issue date of the pilot's license when the amended provisions of Article 8 (2) shall apply. (3) Where any pilot must take a physical examination in order to extend his/her retirement age pursuant to Article 2 of the Addenda under the Pilotage Act No. 7788 within six months from the date of the physical examination under the amended provisions of Article 8 (2), the physical examination required under this Act shall be replaced with such said physical examination for the extension of his/her retirement age.

Article 3 (Application Concerning License Revocation Due to Drunk Piloting)

The amended provision of Article 9 (1) 10 shall be applicable from the first violation event occurring after the enforcement of this Act enters into force on the date of its promulgation. (Proviso Omitted.) Article 4 (Transitional Measures Concerning the Abolition of Waterway Fees)

The previous provision of this Act shall apply to any waterway fees to be paid in accordance with the previous Article 28 before the enforcement of this Act.