선원법의 문제점과 개정방향

The Some Legal Issues of the Seafarer"s Act And Its Amendment

&nbsp;&nbsp;It is the well-known fact that the Seafarer&quot;s Act should guarantee the seafarer&quot;s right to life by providing their labor standards. But I think that the main purpose of the existing Seafarer&quot;s Act is to keep discipline on board ships rather than to secure and enhance the seafarer&quot;s fundamental lives. This paper issues the some problems of the existing Seafarer&quot;s Act and suggests its amendment as followings.<BR>&nbsp;&nbsp;Firstly, this paper suggests that the existing Seafarer&quot;s Act should be amended to provide the Seafarer&quot;s working conditions owing to the danger of the shipboard labor at the higher level than the those of the non-seafarer.<BR>&nbsp;&nbsp;Secondly, this paper suggests that the provisions of the existing Seafarer&quot;s Act which have no relation to the purpose of the Seafarer&quot;s Act which should guarantee the seafarer&quot;s fundamental lives --Chapter 2 (the duties and authorities of a ship&quot;s master), Chapter 3(the keeping discipline on shipboard), Chapter 11(the employment security, education and training of the seafarer) and Chapter 13 Ⅱ(Korea Seafarer&quot;s Welfare and Employment Center), etc--should be eliminated.<BR>&nbsp;&nbsp;Thirdly, this paper suggests that the existing Seafarer&quot;s Act should be amended to protect the seafarer&quot;s labor standards--labor contract, working conditions, etc.<BR>&nbsp;&nbsp;Fourthly, this paper suggests that the Article 27 of the existing Seafarer&quot;s Act which prohibits the seafarer&quot;s strike should be eliminated because it infringes seafarer&quot;s fundamental human rights providing on the Article 33 of the Consitutional Law.<BR>&nbsp;&nbsp;Fifthly, this paper suggests that not the Ministry of Maritime Affairs and Fisheries but the Ministry of Labor should inspect the seafarer&quot;s labor.<BR>&nbsp;&nbsp;To conclude, the purpose of the Seafarer&quot;s Act should guarantee only the seafarer&quot;s right to life by providing the seafarer&quot;s labor standards.