船員勤勞契約의 準據法에 관한 考察

A Study on the Governing Law of Seaman Engagement Contract

Private international law or conflict of laws can be defined as inconsistency or difference between the laws of different countries, arising in the case of persons who have acquired rights, incurred obligations, injuries or damages, or made contracts, within the territory of two or more jurisdictions. Of the topic for discussion in maritime field of private international law, the problem of the governing law of seaman engagement contract may be taken place because only the governing law of labour contract is stipulated in the article 28 of Korean Private International Law. Thus, it is necessary to find out whether the article 28 may be applied to the seaman engagement contract with due regard to seaman's specific condition of work. Therefore the writer try to describe the relationships between labour contract and seaman engagement contract and the applicabilities of the governing law of labour contract making use of the constructive method. And then also try to consider whether to be applied the article 8 of Korean Private International Law, so to speak the Exception of Choice of Law Clause, "where the law of the country with which it is most closely connected is obviously existed, the legal relationship concerned is governed by the law of the country".