외국인 선원의 재해보상과 관련된 법률관계 검토

The continuous development of the Korean economy and changes in the external and domestic situation of the seafarer market has drastically reduced the number of Korean seafarers employed by foreign companies, on the other hand, developing countries’ foreign seafarers have increased. And now that the shipping industry has started to compete in cost, the trend will likely continue for the time being. As the employment ratio of foreign seafarers increased, the need for shipowners to know the laws of nationality where the seafarer belongs was raised. In particular, the proportion of Filipino seafarers has become the most important. With the enactment of the Maritime Labor Convention in 2006, it has become difficult to find cases of labor contracts for foreign sailors who fall short of maritime labor standards. However, the area of compensation was still left as a matter between the parties, which was interpreted differently in some cases. Therefore, this paper introduced the seafarer protection system in the Philippines and addressed the question of whether the seaman act would be excluded if there was an agreed compliance law between the contracting parties. In my opinion, the application of the Korean Seaman Act is not ruled out because it is a forced regulation. Nevertheless, I express that it is not right to apply in all-time under unconditional enforcement regulations at a time when the nature of the law is contrary to reality.