[2020 National Audit] Refusal of Maritime Breath Test Leads to 6-Month Suspension... License Cancellation on Land

Jeong Uncheon Lawmaker "Maritime Drunk Driving Test Refusal Must Be Completely Blocked"

Ship Drunk Driving Crackdown Scene [Photo by Mokpo Coast Guard]

[Asia Economy Reporter Park Hyesook] Even if the blood alcohol concentration (BAC) exceeds the level for revoking a maritime officer's license while drinking and operating a vessel at sea, if the individual refuses to undergo a breathalyzer test, the administrative penalty is limited to just a 6-month suspension of duties, highlighting the need for legal improvements.

According to Jeong Uncheon, a member of the National Assembly's Agriculture, Food, Rural Affairs, Oceans and Fisheries Committee from the People Power Party, the "Yoon Chang-ho Act at Sea" (amended Maritime Safety Act and Ship Crew Act), which strengthens penalties for drunk driving, has been in effect since May this year, modeled after the "Yoon Chang-ho Act" that toughened punishments for drunk drivers.

If an operator of a vessel over 5 tons or a pilot is caught operating under the influence, the punishment provisions have been strengthened to impose up to 5 years imprisonment depending on the BAC. If the BAC is 0.08% or higher, the maritime officer's license is also revoked as an administrative penalty.

Before the amendment, regardless of BAC, offenders faced imprisonment of up to 3 years or fines up to 30 million KRW.

However, if the breathalyzer test is refused, the offender is sentenced to up to 3 years imprisonment or fined up to 30 million KRW, but the accompanying administrative penalty is limited to a 6-month suspension of duties for the first offense. Only upon the second refusal is the maritime officer's license revoked.

This contrasts with land traffic laws, where refusal to undergo a BAC test when drunk driving is suspected leads to immediate license revocation as an administrative penalty under the Road Traffic Act.

Rep. Jeong stated, "There were two cases of refusal to undergo alcohol testing at sea just in August this year," adding, "If the 'Yoon Chang-ho Act at Sea' is not supplemented, the likelihood of increased refusals is high, and due to this legal blind spot, the Coast Guard may face difficulties in cracking down on drunk vessel operation and incur unnecessary administrative costs."

He continued, "The Ministry of Oceans and Fisheries has failed to recognize that the Ship Crew Act, which falls under its jurisdiction, is more lax compared to the Road Traffic Act and Railway Safety Act, thereby creating a blind spot," and announced, "We plan to propose a law to fundamentally block refusals of alcohol testing for vessel drunk driving to supplement the 'Yoon Chang-ho Act at Sea.'"

Meanwhile, although the enforcement of the "Yoon Chang-ho Act at Sea" has increased the severity of penalties for drunk vessel operation, such incidents persist. In the past five years, there have been a total of 641 cases of drunk vessel operation enforcement.

This content was produced with the assistance of AI translation services.