미국항만하역근로자의 법적지위에 관한 연구

Although the Longshore and Harbor Workers' Compensation Act(hereunder, ‘Longshoremen's Act') limits an employer's liability to statutory benefits which the employer pays without proof of negligence in return for immunity from tort liability, the injured employee retains the right to bring a tort action against a third party. According to Scindia and its progeny, the shipowner owes longshoremen and other shore based workers who come on board several duties to protect and care employees. If the longshore worker commences suit in timely manner against the third party, the stevedore-employer may assert a judicially created lien against any recovery for the full amount of its compensation payments. In addition to its claim asserting a compensation lien, the employer has an independent cause of action under federal maritime law if it incurs liability to pay Longshore Act compensation at the hands of a negligent shipowner or third party. Thererfore, Korean shipoweners who do not have contractual relationship with longshore workers can face a law suit for the compensation of those workers' deaths or injuries, and it may lead to spending of considerable amount of money for the defense of the shipowners in major ports of the U.S.A.. To protect Korean shipowners' legal interests, it is highly recommended to study and analyse the meaning of Longshoremen's Act and the U.S. Supreme court's rulings regarding the shipowner's duty toward longshoremen. With the conclusion of FTA between Korea and the U.S.A., the volumes of trade between the two nations seems to gradually increase, the said phenomenon may cause a series of law suits against Korean shipowners for the compensation of longshore workers who itself involved in cargo operations. In line with this, precise and comprehensive understanding of the compensational system under Longshoremen's Act is urgently requested for the protection of Korean shipowners' interests.