선원 근로기준에 관한 선원법 제5조 제1항 개선방안 연구

Abstract

The views on the relationship between the Seafarers Act and the Labor Standards Act are mainly divided into a theory that they are in a special law relationship and a theory that regards them two separate legal systems. Prior to the amendment, the Seafarers Act had comprehensively applied the Labor Standards Act mutatis mutandis. However, the current Seafarers Act limitedly applies only some provisions of the Labor Standards Act. Considering this change, it is difficult to evaluate them as being in a special law relationship under the current legal system. The problem is that while labor-related laws such as the Labor Standards Act have been improved through revisions, the labor protection-related regulations of the Seafarers Act have relatively lagged, resulting in vulnerabilities in protecting seafarers. Therefore, it is necessary to focus the discussion on effectively improving the relevant regulations of the Seafarers Act rather than clarifying the relationship between the two laws. Specific improvement measures include applying additional regulations such as dismissal for managerial reasons, charges for compelling compliance, protecting employees' maternity, and prohibition of workplace harassment while maintaining the current regulatory system, and enacting separate a “Seafarers Labor Standards Act” applied to seafarers. First of all, it is necessary to seek ways to additionally apply the provisions of the Labor Standards Act, where applicable, while maintaining the current regulatory system. In the mid to long term, further strengthening the level of protection for crew workers by enacting an “Act on Labor Standards for Seafarers” or a “Seafarers” Labor Standards Act.