선원법의 문제점과 개정방향

Abstract

It is the well-known fact that the Seafarer's Act should guarantee the seafarer's right to life by providing their labor standards. But I think that the main purpose of the existing Seafarer's Act is to keep discipline on board ships rather than to secure and enhance the seafarer's fundamental lives. This paper issues the some problems of the existing Seafarer's Act and suggests its amendment as followings.Firstly, this paper suggests that the existing Seafarer's Act should be amended to provide the Seafarer's working conditions owing to the danger of the shipboard labor at the higher level than the those of the non-seafarer. Secondly, this paper suggests that the provisions of the existing Seafarer's Act which have no relation to the purpose of the Seafarer's Act which should guarantee the seafarer's fundamental lives --Chapter 2 (the duties and authorities of a ship's master), Chapter 3(the keeping discipline on shipboard), Chapter 11(the employment security, education and training of the seafarer) and Chapter 13 Ⅱ(Korea Seafarer's Welfare and Employment Center), etc--should be eliminated.Thirdly, this paper suggests that the existing Seafarer's Act should be amended to protect the seafarer's labor standards--labor contract, working conditions, etc.Fourthly, this paper suggests that the Article 27 of the existing Seafarer's Act which prohibits the seafarer's strike should be eliminated because it infringes seafarer's fundamental human rights providing on the Article 33 of the Consitutional Law.Fifthly, this paper suggests that not the Ministry of Maritime Affairs and Fisheries but the Ministry of Labor should inspect the seafarer's labor.To conclude, the purpose of the Seafarer's Act should guarantee only the seafarer's right to life by providing the seafarer's labor standards.