Appeals against administrative dispositions

Preparation of documents for submission of opinions and administrative appeals regarding mariner license dispositions

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

Procedure type
  • Appeal Difficulty High

    Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.

We will prepare a prior notification opinion of the disposition of a sea driver's license and documents for administrative appeal and suspension of execution after the disposition. Appeals against the decision of the Marine Safety Tribunal are a separate procedure.

Scope & fee
Basic scope
We will review the prior notice of license disposition of 1 sea engineer and the measurement, boarding, and explanation data and prepare an opinion submission form. administrative appeal, suspension of execution, and criminal response after disposition are separate. Scope of writing: 1 type of opinion submission, 5 pages per type. It does not include in-office submissions.
administrative appeal on the merits of a sea driver's license disposition
Regarding 1 case of license disposition by the Regional Maritime Affairs and Fisheries Office of 1 sea engineer, we will review 30 pages of measurement, boarding, and disposition data and prepare a 5-page statement of grounds for claim. Preliminary opinions, suspension of execution, criminal response, appeal against the decision of the Marine Safety Tribunal, and attendance at the committee are separate. It does not include in-office submissions.
Official fee source ↗
Document for suspension of execution of existing sea driver’s license administrative appeal
We will review 20 pages of existing records and emergency damage data for 1 license disposition for which the merits of the case have already been raised and prepare a 3-page statement of reasons for suspension of execution. It does not include independent motions without merits or filing of new merits. It does not include in-office submissions.
Official fee source ↗
administrative appeal and suspension of execution of sea driver's license
We will review 40 pages of common and emergency damage data for 1 license disposition and prepare 5 pages of reasons for the main case and 3 pages of reasons for suspension of execution. It includes a common list of evidence and simultaneous submission, and preliminary opinions, separate responses, rebuttals, and committee attendance are separate. It does not include in-office submissions.
Official fee source ↗
  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

Fees

Administrative service fee
  • Basic scope from KRW 600,000
  • administrative appeal on the merits of a sea driver's license disposition from KRW 500,000
  • Document for suspension of execution of existing sea driver’s license administrative appeal from KRW 400,000
  • administrative appeal and suspension of execution of sea driver's license from KRW 700,000
All administrative service fees exclude 10% VAT.

There is no official fee for filing an administrative appeal. Our office fee starts from the amount shown above and may 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 give you an exact quote after reviewing your documents.

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.