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SHIP OFFICER’S ACT

SHIP OFFICER'S ACT

[Effective Feb. 29, 2008] [Act No. 8852, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Land, Transport and Maritime Affairs (Legal Division for Regulation Reform) 02-2110-8098~9

CHAPTER I GENERAL PROVISION

Article 1 (Purpose)

The purpose of this Act is to ensure the safe operation of vessels by establishing the qualification standards of those who are to serve on board vessels as Ship officers.

Article 2 (Definitions)

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

1. The term "Vessel" means every Korean vessel as provided for in Article 2 of the Vessel Act, provided, however, that it excludes vessels falling under one of the following sub-paragraphs:

(a) A vessel under 5 Gross Tonnage, provided, however, that this Act shall be applicable to the vessels falling under one of the following items in spite 2

of less than 5 Gross Tonnage:

(i) vessels carrying 13 passengers or more;;

(ii) fishing vessels filed for providing pick up service for anglers in accordance with the provisions of Article 4 of the Angler Fishing Vessel Business Act; and

(iii) pleasure boats & ferry boats certificated or filed its trading area as sea in accordance with the provisions of Article 3 of the Pleasure Boat and Ferry Boat Business Act;

(b) A vessel propelled mainly by oar or pole; and (c) Any other vessels as provided by Presidential Decree;

2. The term "foreign vessel" means vessels whose flag is other than Korean vessels;

3. The term "Ship officer" means any certificated officer(including any officer endorsed in accordance with the article 10 bis) who serves on board a vessel in a capacity or capacities of Master, Deck Officer, Chief Engineer, Engineer Officer, Chief Radio Officer Certificate or Radio Officer Certificate, or Operating Officer;

4. The term "Certificated Officer" means a duly qualified officer holding a certificate of competency in accordance with the provision of Article 4;

5. The term "automated vessel" means any vessel which is equipped with all the automatic operating equipments as prescribed by Presidential Decree; and

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6. The term "service career" means a career in serving aboard a vessel. Article 3 (Application of Provisions on Ship-owners) The provisions regarding ship-owners in this Act shall be applied to the manager of vessel if jointly owned, and the charterer of vessel if demise-chartered.

Article 3-2 (International Cooperation and Support) Where it is necessary to facilitate international exchange and cooperation in maritime techniques, the Minister of Land, Transport, and Maritime Affairs (hereinafter referred to as the "Minister") may provide the developing countries among the parties to the International Convention on Standards of Training, Certification, and Watch-duty for Seafarers, (hereinafter referred to as the "International Convention"), with support described in each of the following subparagraphs:

1. Support for establishing educational institutions for Certificated Officers, (including their practical education; hereafter the same shall apply in this Article);

2. Support for educating and training administrators and technicians who are involved in the education of Certificated Officers;

3. Gratuitous support for equipment and facilities required to educate Certificated Officers;

4. Support for establishing and developing plans for educating Certificated Officers; and

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5. Support for educating Certificated Officers, as deemed necessary to develop the abilities of Certificated Officers.

[This Article Newly Inserted by Act No. 8222, Jan. 3, 2007] CHAPTER II Qualifications and Certifications

Article 4 (Species and Classes of Qualifications) (1) Every Ship Officer shall hold a certificate of competency (hereinafter referred to as "the certificate") issued by the Minister. (2) The Minister shall issue the certificate of the following species and classes to any person who meets all the requirements prescribed in Article 5. In that case, the Minister may issue a certificate of competency with a limitation or limitations according to type of vessels, trading areas or etc. as prescribed by Presidential Decree:

(3) The grading of the qualification for each species shall be subject to the class order of each sub-paragraph of the preceding paragraph.. (4) Subject to the major fields recognized by the provisions of the Presidential Decree, each Operating Officer Certificate shall be deemed the deck(limited to serve merchant vessel only) or engineer officer certificate of same class. The Small Vessel Operator Certificate shall be lower grade of the Sixth Class Deck Officer Certificate or the Sixth Class Engineer Officer Certificate. Inserted by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997> Article 5 (Conditions for Issue of Certificate of Competency) (1) The Minister shall qualify any person who meets all the requirements of the sub-paragraphs below as a qualified officer:

1. The candidate for certification must have passed the national Ship Officer's examination, conduced by the Minister, within 3 years;

2. The candidate for certification must have completed approved seagoing service required for the class of certificate (hereinafter referred to as the "seagoing service").;

3. The candidate for certification must meet the standards of medical fitness for duty in accordance with the relevant provisions of the Seafarers Act;

4. The candidate for certification must have completed approved maritime education and training required for the class of certificate; and

5. In case of a radio officer certificate the candidate for certification must hold a certificate for radio personnel in accordance with the Article 70 of the Radio Regulations Act.

(2) The necessary matters such as the requirements to sit for the national Ship Officers examination, the seagoing service, maritime education and training, etc. in accordance with the provisions of sub-paragraphs 1, 2 and 4 of preceding paragraph(1) shall be prescribed in the Presidential Decree.

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(3) When the candidate qualified in accordance with the paragraph (1), the Minister shall issue the certificate of competency (hereinafter referred to as the "certificate") as prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries.

(4) When the certificate is lost or becomes damaged, or of which entry needs to be amended, it may be reissued or amended by application as set out in the provisions of the Ordinance of the Ministry as prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. Article 5-2 (Storage and Utilization of Data)

The Minister shall maintain and manage the data on the delivery, renewal, revocation, etc. of certifications under conditions as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs, and take any necessary measures, including notifications, etc., to ensure the parties to the International Convention and the Ship-owners have access to the relevant data.

[This Article Newly Inserted by Act No. 6397, Jan. 29, 2001] Article 6 (Cases of Disqualification)

A person who falls under one of the following sub-paragraphs shall not be qualified as a certificated officer: 7

1. A person who is less than 18 years of age;

2. through 4. Deleted; or

5. A person whose certificate was cancelled and 2 years have not elapsed since then.

Article 7 (Revalidation of the Certificate)

(1) The certificate shall be valid for a period of 5 years. (2) Any person who wishes to continue to be qualified shall meet the requirements as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

(3) In case the holder of a certificate applies for revalidation under paragraph (2), the Minister shall revalidate the certificate when continued professional competence is established by one of the following sub-paragraphs:

1. A person who has approved seagoing service of at least 1 year as a Ship Officer during the preceding five years from the date of application for the revalidation or who, subject to the provisions of the Presidential Decree, is considered to be equivalent to that; and

2. A person who has successfully completed the training course as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[This Article Wholly Amended by Act No. 4256, Aug. 1, 1990] 8

Article 8 (Invalidation of Certificate)

(1) The certificate that falls under one of the following sub-paragraphs shall be invalidated:

1. The lower class certificate, when higher one has been issued, unless the higher class certificate are subject to limitations not to allow to serve the capacities which the lower one can cover without limitation;

2. The radio officer's certificates, when the certificates of radio personnel issued under the article 70 of the Radio Regulations Act have become invalidated; and

3. and 4. Deleted. (2) Deleted.

(3) Deleted.

Article 9 (Cancellation of Certificate)

(1) The Minister may cancel the certificate or suspend the service of its holder for a period not exceeding 1 year, or give a reprimand in case a certificated officer falls under one of the following sub-paragraphs unless the Maritime Safety Tribunal began to investigate into the maritime accident associated with the relevant cause: 9

1. When a certificated officer has served on board a ship in violation with the provisions of Article 14;

2. When a certificated officer has served on board a ship in violation with the provisions of Article 15 and he or she does not submit his/her certificate or endorsement or does not carry it on board;

2-2. When a certificated officer has either lent his/her certificate or endorsement to other persons or abuse it unlawfully in violation with the provisions of Article 22;

3. When any certificated officer committed a misconduct or posed a direct threat to safety of life or property at sea or to the marine environment while performing duties as a Ship Officer on board a vessel;

4. When the holder of a suspended certificate fails to submit the certificate within the period set out in paragraph (4) of this Article; or

5. When a certificated officer has served on board a ship during suspension period.

(2) The Minister shall cancel the certificate in case its holder has obtained that certificate fraudulently or in unlawful manner.

(3) In case the Minister took one of the actions among cancellation, suspension of the certificate or reprimand in accordance with the provision of paragraph (1) or (2) of this Article, he/she must give a notice of the contents of the action to the relevant officer. In this case, if the officer in question is serving on board a vessel as a Ship Officer, the Minister must also give a notice to the ship- owner.

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(4) Any certificated officer who was given a notice of suspension or cancellation of the certificate in accordance with the provision of the preceding paragraph shall submit his certificate to the Minister within 30 days from the date of receiving the notice. In this case, when the suspension is terminated, the certificate shall be returned to him/her.

(5) The period of suspension under the provision of paragraph (1) shall be counted from the date on which the Minister receives the certificate. (6) The details of the administrative disciplinary measures under the provisions of paragraph (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs, taking account of types of the unlawful act and degree thereof.

Article 10 (Hearings)

(1) When the Minister is to cancel a certificate in accordance with the paragraph (1) or (2) of Article 9, he shall hold hearing.

[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997] Article 10-2 (Special Exemption for Those Holding Foreign Certificate of Competency)

(1) Any persons, holding a certificate of competency issued by a Party with which an undertaking has been agreed (hereinafter referred to as the 11

"Contracting Party") to recognize the certificate issued by another Party in accordance with the relevant provisions of the STCW Convention, as amended, endorsed by the Minister may serve as a ship officer on board Korean flag ships (excluding fishing vessels) engaged in international voyages.

(2) When the Minister recognize that a candidate wishing to obtain an endorsement under the paragraph 1 of this Article meets the manning standards under the provisions of Article 11 he/she may recognize and issue an endorsement with limitations of ships and capacities on board the ships within the limitations of certificate of competency issued by the Contracting Party (hereinafter referred to as "Recognition of Certificate").

(3) The necessary matters for the application for the Recognition of Certificate and the issuance of Endorsement shall be prescribed in the Presidential Decree.

(4) The endorsement shall be valid for the period of 5 years. However, it shall be invalidated from the date when the original certificate issued by the Contracting Party becomes invalid.

(5) The provisions of the paragraph 4 of Article 5, the Articles 5 bis, 6, 9 and 10 shall mutatis mutandis be applied to the Recognition of Certificate and the certificate of endorsement respectively. In this case "the certificated officer" shall deem to be the person granted the Recognition of Certificate, "certification" being "Recognition of Certificate and "the Certificate of Competency" being "the Certificate of Endorsement". 12

[This Article Newly Inserted by Act No. 7480, Mar. 31, 2005] CHAPTER III SHIP OFFICERS

Article 11 (Manning Standards and Capacities of Ship Officers) (1) Shipowner shall carry appropriately certificated officers(including persons granted the recognition of certificate under the Article 10 bis. Hereinafter the same is applied in the chapter 3) on board its ships in compliance with the safe manning standards of Ship Officers set out in the Presidential Decree (hereinafter referred to as "the manning standards"), taking account of trading areas, descriptions or types of ships, propulsion power of main engine, and other matters pertaining to the safe operation of vessels.

(2) Capacities of Ship Officers are as follows:

1. Master shall be in charge of and responsible for the operation and management of ship. When master becomes impossible to perform his capacity on account of inevitable reasons, first operating officer(deck major) in automated vessels and first deck officer in other vessels shall fill the vacant capacity instead;

2. Deck officers shall perform navigational watch in deck department;

3. Chief engineer shall be responsible for the operation of engines and machinery;

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4. Engineer officers shall perform engineering watch in engine department;

5. Chief radio officer and radio officers shall be responsible for ship's communication; and

6. Chief operating officer and operating officers shall perform operating watch (which means integrated watch regarding deck, engine and electronic equipments, etc) in automated vessels. Article 12 (Exception of Manning Standards for Vacancy) (1) The Provision of article 11 shall not be applicable in the case of one of the following sub-paragraphs. In this case, relevant ship owner shall recruit the vacancy without delay:

1. It is impractical to fill the vacant post immediately in case any vacancy of Ship Officer occurred on ships engaged in between foreign ports;

2. Any vacancy of Ship Officers occurred on board a vessel plying between domestic port and foreign port and the vessel is sailing homeward bound; or

3. In addition to the sub-paragraphs (1) and (2), any vacancy occurred while a ship is at sea however it is impractical to recruit the vacancy immediately.

(2) Ship-owner, in the case of the preceding paragraph (1), shall report to the Minister the fact of the vacancy and plan for recruiting it. (3) After receiving the reports in accordance with the provision of paragraph (2), 14

if the Minister considers necessary, he may require the ship-owner to recruit the vacancy without delay.

Article 13 (Approved Exception of Manning Standards) (1) When shipowner has obtained an approval from the Minister since his/her vessel falls under one of the following sub-paragraphs, he/she may assign the approved certificated officer to fill the specified post despite the requirements of the provision of article 11:

1. In case a vessel is being towed by another vessel;

2. In case a vessel is not being used for sailing because she is in dry dock, under repairs or at mooring or for other reasons; and

3. Other cases set out in the Ordinance of the Ministry. (2) In inevitable circumstances due to short of supply of certificated officers under the Presidential Decree, the Minister may permit to carry Ship Officer holding lower class of certificate than in the manning standards set out in the provision of Article 11 for a specified period not exceeding 6 months. Article 14 (Application of Manning Standards of Certificated Officers) Every certificated officer serving on a vessel as a Ship Officer, except those approved otherwise in accordance with the provision of Article 13, shall comply with the manning standards set out in the provision of article 11. 15

Article 15 (Keeping the Certificate, Etc.)

When serving on a ship, every Ship Officer shall submit his/her certificate of competency or certificate of endorsement to Master, then the Master shall keep it available on board the ship.

Article 16 (Refresher Training For Certificated Officers) The Minister may require certificated officers to undergo refresher training as set out in the Decree of Ministry when he/she regards it necessary to enhance their quality and technical ability.

CHAPTER IV SUPPLEMENTARY RULES

Article 17 (Control of Foreign Flag Vessels)

(1) The Minister may have public officials inspect and examine the matters falling under each of the following subparagraphs regarding Ship officer aboard foreign vessels that are within the territorial waters of Korea:

1. Whether the Ship officer are carrying appropriate certificates or credentials in satisfaction of International Conventions or not; and