Appeals against administrative dispositions

Marine Officer License Revocation or Suspension of Duties for Drunk Navigation: How to Challenge It and the Deadlines

The Maritime Traffic Safety Act prohibits operating the steering gear of a ship, or directing its operation, with a blood alcohol concentration of 0.03% or more. If you are caught, a license disposition is imposed under Article 9, paragraph (3) of the Ship Personnel Act, separately from criminal punishment: a blood alcohol concentration of 0.03% or more but less than 0.08% results in suspension of duties for 6 months for a 1st violation (license revocation for a 2nd violation or where there is injury or loss of life), and 0.08% or more, or refusal of the test, results in license revocation. To challenge the disposition, file an administrative appeal within 90 days from the date you became aware of the disposition.

Procedure

  1. 1. Check the prior notice of disposition

    If a prior notice arrives before the license disposition, first check the deadline for submitting a written opinion. Because the disposition standards are set by statute, prepare the written opinion around the facts, such as the testing procedure and the measured figure.

  2. 2. Organize the circumstances and the testing process

    Set out in time order the time of drinking, the times of boarding and navigation, and the time and method of the test. Also check whether there was any problem in the testing procedure.

  3. 3. Materials on livelihood impact and prevention of recurrence

    Show that the license is the means of livelihood through the seagoing service record, income materials and the situation of supporting family members. Also submit proof of completing alcohol moderation education or a recurrence prevention plan. However, Article 9(3) of the Ship Officers Act requires the set disposition once the blood alcohol standard is met, so these materials serve as reference rather than grounds for reducing the disposition.

  4. 4. File an administrative appeal

    After the disposition is issued, file an administrative appeal within 90 days from the date you became aware of the disposition and within 180 days from the date of the disposition. If necessary, also consider applying for a stay of execution.

Required documents

  • Opinion submission form (Enforcement Rule of the Administrative Procedures Act, Annexed Form No. 11) or administrative appeal petition (Enforcement Rule of the Administrative Appeals Act, Annexed Form No. 30)
  • Prior notice of disposition or written disposition
  • Copy of the marine officer license
  • Proof of seagoing service
  • Proof of income (earned income, seafarer wage records, etc.)
  • Family relation documents (when explaining dependents)
  • Recurrence prevention plan; education completion records
  • Statement of circumstances (organized in time order)

Fees

There is no official fee for filing an administrative appeal. Agency fees in the industry range from several hundred thousand won to the 1,000,000 won range and vary depending on whether we are engaged from the written opinion stage and whether the written administrative appeal and the application for a stay of execution are drafted together. We will inform you after consultation, based on the content of the disposition.

Legal basis and review date

  • Maritime Traffic Safety Act, Article 39
  • Maritime Traffic Safety Act, Article 42
  • Maritime Traffic Safety Act, Article 113
  • Ship Personnel Act, Article 9
  • Administrative Appeals Act, Article 27
  • Road Traffic Act, Article 44

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • The 90-day administrative appeal period is counted from the date the written disposition is received, so do not miss it while waiting for the outcome of the criminal trial.

Frequently asked questions

What is the blood alcohol threshold for drunk navigation at sea?
Under the Maritime Traffic Safety Act, operating the steering gear or directing its operation is prohibited at a blood alcohol concentration of 0.03% or more. This is the same figure as the license suspension threshold for driving on roads.
If I am criminally punished, is there no separate disposition against my marine officer license?
Separately from the criminal procedure, a license disposition is imposed under Article 9, paragraph (3) of the Ship Personnel Act: a blood alcohol concentration of 0.03% or more but less than 0.08% results in suspension of duties for 6 months for a 1st violation (license revocation for a 2nd violation or where there is injury or loss of life), and 0.08% or more, or refusal of the test, results in license revocation. You must prepare for each of the two procedures.
By when can a marine officer license revocation be challenged?
An administrative appeal must be filed within 90 days from the date you became aware of the disposition and within 180 days from the date of the disposition. Once the deadline has passed, it cannot be challenged.
What materials are needed to have a marine officer license disposition reduced?
Because the disposition standards are set by statute, the core materials are the time-ordered account of the circumstances and the records of the testing process, which show the facts such as the testing procedure and the measured figure. The seagoing service record, income materials and recurrence prevention plan are reference materials submitted together. It is better to start preparing from the written opinion at the prior notice stage.
Are small boats also subject to punishment for drunk navigation?
The criminal punishment brackets are set differently according to the size of the ship, and even vessels of less than 5 tons are treated severely if they are boats with a large passenger capacity, recreational fishing boats and the like. The specific application must be checked case by case.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.