미국 해양대학이 선박직원법 시행령 제16조 제3항의 지정교육기관에 해당하는지 여부 -서울고등법원 2020. 10. 21. 선고 2019누56472 판결-

Abstract

In this case, the requirements for a Korean who graduated from a maritime academy in the United States, which is a party to the STCW, to obtain a engineer officer’s license in Korea became an issue. The Plaintiff (South Korean citizen), who graduated from Massachusetts Maritime Academy, passed the maritime officer (3rd class engineer officer) test conducted by the Korea Maritime Affairs and Fisheries Training Institute without obtaining a maritime officer qualification in the U.S. and applied to the competent authorities for a maritime officer’s license. If the U.S. Maritime Academy falls under the Article 16 (3) of the Enforcement Decree of the Ship Personnel Act (hereinafter referred to as ‘EDSPA’), the Plaintiff can obtain a maritime officer‘s license immediately because his/her period of seagoing service to obtain a 3rd class engineer officer’s license is recognized. In the case of acknowledging exceptions to qualification requirements, such as the controversial provisions of this case, strict interpretation must be made, and analogical interpretation or extended interpretation beyond the scope of the text cannot be allowed. Foreign designated educational institutions under the Article 16 (1) 1 of the EDSPA include designated educational institutions by foreign countries that have ratified the STCW. In contrast, the designated educational institution under the Article 16 (3) of the EDSPA refers to a university, etc. designated by the Minister of Maritime Affairs and Fisheries. Therefore, since the U.S. Maritime Academy is not an educational institution designated by the Minister of Maritime Affairs and Fisheries, the Plaintiff cannot obtain a 3rd class engineer officer’s license. The Plaintiff may obtain a 3rd class engineer officer’s license only if two years’ seagoing service are recognized in accordance with the special provisions of the Article 16 (1) 1 of the EDSPA and an additional three years’ seagoing service are accumulated. In view of the purpose of the Ship Personnel Act, it is significant in that it is the first judgment to confirm that a maritime officer’s license cannot be obtained in Korea immediately just by graduating from a foreign maritime academy that does not fall under the Article 16 (3) of the EDSPA.