선원재해보상제도의 개선방안에 관한 연구

Abstract

It is a general principle to compensate the occupational accident in the accident compensation of employers under the jurisprudence of Seamen's Accident Compensation System. On the other hand, even if seafarers are damaged by the reason of out-of-duty as well as on-the-duty which relates to the occupational accident due to the speciality of marine labor, the seafarers must be given compensation by the shipowner under the general conditions. Also, there is the legal system for the shipowner to compensate the seafarers on account of the missing of seafarers or their belongings. With regard to securing seafarers' accidents compensation, shipowners have secured their effectiveness by all kinds of mutual aid and insurance. However, the seafarers' accident compensation standards are below the accident compensation standards of land-based workers. That's why the improvement of the seafarers' accident compensation system is necessary. Accordingly, I suggest the solution of the above mentioned problem as follows. Firstly, the so called Seafarer's Accident Compensation Insurance Act to be developed as the law-making measure under the existing Industrial Accident Insurance Act in consideration of the speciality of seafarers. Secondly, the amendment of the Seafarer's Insurance Act is necessary. Thirdly, the industrial accident compensation to be extensively applied together with the compensation system of the existing seafarer's act and then the crew must be made as the object applicable to the industrial accident compensation. In conclusion, one of the best way to protect seafarers is the extensive application of the industrial accident compensation.