선박소유자의 안전배려의무와 선내 안전·보건 및 사고예방 제도개선 연구

Abstract

According to the Korea Seafarer’s Statistical Year Book, the rate of occupational accidents among seafarers in 2016, 6.02%, was 12.3 times higher than that among shore workers, 0.49%, reported by the Analysis of the Status of Industrial Accidents 2016 issued by the Ministry of Employment and Labor. The figures indicate that the rate of accidents related to safety and health on board is severe. In relation to seafarers’ safety and health on board, the Maritime Labour Convention 2006 enacted the provisions of Article 4.3, 3.1, and 1.1 for the member countries to observe, and accordingly the Seafarers Act in Korea also provided the legal basis, Article 78 to 83, to accept those provisions. Especially, Article 79 of the Seafarers Act stipulated that the Minister of Oceans and Fisheries should determine and announce the standards on safety, health, and accident prevention on board required by the convention. However, although the provisions were accepted through the revision of the Seafarers Act, they have not been actually implemented, which would result in no improvement in the rate of occupational accidents among seafarers. Against this backdrop, this paper studied the legal nature of the Standards on the safety, health and accident prevention on board required by Article 4.3 of the The Maritime Labour Convention, 2006 focusing on the safe care obligation of shipowners as a measure to reduce the occupational accident rate of seafarers and suggested the improvements of system for implementation and enforcement of the Standards on the safety, health and accident prevention on board.