어선원의 「선원법」 적용상 문제점 및 개선방안 연구* - 소형어선의 어선원을 중심으로

In addition to the fact that merchant ships and fishing boats are working spaces for seafarers, the main functions and uses of ships, ship facilities, and structures are completely different. Therefore, the contents of work and working environment provided by seafarers are essentially different. Despite the essential difference between merchant ships and fishing vessels, the 「Seafarers’ Act」 uniformly regulates both in a single legal system only with the commonality of the place where seafarers provide labor. However, the 「Seafarers’ Act」 does not apply to fishing vessels of less than 20tons. In addition, with regard to wages, severance pay, paid leave, working hours, etc., fishing vessel seafarers are excluded from application or special provisions are set aside to differentiate them from commercial vessel seafarers. The problem is that the standards for working conditions for fishing vessels, which are not subject to the 「Seafarers’ Act」, are incomplete. It should be supplemented legislatively. In this paper, major issues related to fishing vessel seafarers were reviewed, focusing on the scope of application of the 「Seafarers’ Act」, and then a plan for improvement of the 「Seafarers’ Act」 was proposed following the entry into force of the 「Work in fishing Convention(C.188)」.