선원의 노동기본권과 근로조건에 관한 선원법과 해사노동협약의 비교분석

On the 9th of January 2014, Korea is a 56th member that ratified Maritime Labour Convention and a 14th country in Asia so that a comparative analysis of the Seafarer's Act and Maritime Labour Convention will be an important discussion before the point of the effectivation. In the last analysis, the Seafarer's Act satisfies the Maritime Labour Convention in a rough way since it was prepared in order to ratify the convention. However, the fundamental matter is that the Korean government have still not ratified the seafarer's fundamental labor rights indicated on the Maritime Labour Convention. Likewise, as the working conditions, the determination method of minimum wage shall be regulated on the Seafarer's Act or needed on legislative consideration and in the case of ‘a seafarer's special request' of the Maritime Labour Convention, it shall be interpreted that the seafarer's right of choice with holidays is included within the agreement between the shipowner and seafarer. Because the subject of financial guarantee with repatriation is limited under the Seafarer's Act, the scope of the subject shall be extended in order to satisfy the provision of‘all of the ship owners’ on the Maritime Labour Convention and the Seafarer's Act shall consider regulating that the compensation shall be given to the seafarer in the case of his/her unemployment due to the ship's destruction and submergence. As stated above, the Korean government has been with consistent its discussion and effort in order to ratify the Maritime Labour Convention and as a result, it is an undeniable fact that the Seafarer's Act is enacted. Merely, the Korean government shall affirm whether or not the seafarer's legal rights are protected and fulfilled through the regulation and fact finding survey.