승선공인을 받지 않은 선장의 지위와 책임에 관한 연구

The Korean Maritime Safety Tribunal(hereafter "KMST") judged that a skipper must not perform his duties when he boarded the ship without official approval even if he holds the relevant certificate of competency. Therefore the KMST also judged that the ship is operated by an unqualified seafarer if the ship is maneuvered by a skipper who boarded the ship without official approval. But even if the KMST judged that the skipper is unqualified, they imposed administrative punishment on the certificates of competency for skippers. But in several similar cases, some local Maritime Safety Tribunal did not impose administrative punishment on the skipper's certificate of competency, and they just impose recommendations upon the skipper. And also there is arguments on the cases which the guilty skipper possess the certificates of competency for “operators of small ships” and the certificates of competency for “6th class mates” and the KMST imposed administrative punishment on all the certificates of competency. Though there is necessity for such administrative measure, but as there is no legal basis on that, it should to be authorized by legislation. This paper reviewed concerning laws and regulations, and understand that if the skipper holds the relevant certificate of competency and had performed his duties, the KMST must admit that he is the skipper of the ship and impose administrative punishment on the certificates of competency, even if he boarded the ship without official approval.