한국해양대학교

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船員의 勤勞關係 終了와 法的保護

Title
船員의 勤勞關係 終了와 法的保護
Alternative Title
Legal Protection of a seaman according to termination of seaman-employment relationship
Author(s)
金東仁著
Publication Year
2003
Publisher
한국해양대학교 대학원
URI
http://kmou.dcollection.net/jsp/common/DcLoOrgPer.jsp?sItemId=000002173904
http://repository.kmou.ac.kr/handle/2014.oak/9443
Abstract
World each nation recognizes the importance of the marine that is future resources treasure and is going ahead with various policies. That is, It is not too much to say that ocean power is important because of a geographical position that is a peninsula surrounded by sea on three sides and insufficiency of natural resources to improve nation wealth and quality of people life through securing marine resource to accomplish nation development. In order to recognizes the importance the marine, and to accomplish nation development and growth, various policies and will of people and an administrator are important, but among those, seaman is most important. No matter how much a ship and the capital are healthy, maritime affairs and fisheries industrial cannot be run in case of seaman is not exist, or ability of him is short.


By the way, in spite of the importance of seaman's role how is the real position of seaman in our country? Is because the attraction of a seaman occupation's decline the competitiveness of the marine corporation and nation is getting worse according to an elevation of national income and a change of social sense of value? What is the first policy to resolve these problem? In a word, It is attraction of seaman occupation. That is, before retirement consideration of labor should be compensated by improving employment conditions after retirement. The right of seaman shouted be protected to acquire the base of new life.


This paper purpose of study is the inducement of attraction of seaman occupation by protecting the right to the retirement seamen, inducing a long time boarding to the boarding seamen and seelxing seamen occupation to the retired seamen though indicating the policies of the protection of the seaman's right after retirement the problem related to those, and the reform measures. This paper summary is below


Primarily seaman labor exists structural and quantitative specialty compared with land labor. Thfoerere, seaman must be specially protected employment conditions, continuation guarantee of labor relationship, rights guarantee after labor relationship extinction etc. Also, the same labor must be evaluated the same judge's robe so long as a common denominator called specialty of marine labor exists. Therefore, application range of the existing seaman act must be expanded.


Second it is a special nature of the provision of th termination seaman employment's. It is not simply to mean severance of labor, and it is loss of the opportunity of being provided labor to ship owner, and that of receiving wages to seamen. therefore it has a great influence on parties, it is necessary to regulate the employment relationship and to reform the problem.


1. It is a discharge provision on the seaman act. It is necessary to express clearly the provision of transfer ship and to revise the provision of the time limit of discharge, exception related to a notice of discharge and the permission of labor committee according to assignment of the ship.


2. It is thing about discharge on management. because of inconsistency with the seaman act it is reasonable to revise the provision of the seaman act and to take the legislative measure instead of introducing the discharge on management.


3. It is an exception provision about the termination according to passage of the ship title and official reprimand of leaving a ship. Among these official reprimand of leaving a ship of a captain gives a lot of disadvantage to individual rights of a seaman, but the carries no legal binding force when a seaman does not leave a ship voluntarily. Therefore, it is reasonable to repeal official reprimand of leaving a ship and to provide the leaving a ship that is legal binding to captain. the exceptional provision about the the employment termination according to a charge of ship ownership should be revisied toward the aspect of employment guarantee of a seaman and resolveness of financial difficulties of a shipowner.


4. If it is the exceptional provision of the point of the time of termination in case of on boarding employment relationship is terminated. it is necessary to revise toward taking considerations of the disadvantages of a seaman and the peace of the ship-community.


Thirdly, it is the problem of the legal protection of the seaman according to the seaman employment termination and reform measure. the problem of perfect the retired seaman and his family is important to the boarding seaman, retired seaman and to the reserved seaman. Nonetheless the existing seaman act and a related legal system are short of protecting the right of them the reform measure are below


1. Because the retirement allowance system is not enough for inductance of longtime boarding and protection of a seaman in spite of the existence value of it, it is necessary to introduces an seaman pension system and to revise the provision of the retirement allowance system on the seaman act for the seaman who is not able to receive the pension benefit.


2. overdue wages, rights about unemployment, rights about a disaster compensation are not more enough than a worker on labor standard law. These rights are things related to employment conditions of seamans substantially, and it is proper to revises seaman insurance law and to take legislative actions because it is to be related to a social insurance system of a seaman. A seaman is the same constitutional worker and people as a worker on labor standards law, but seaman is not able to receive the benefit of social security system. A maintenance of these policies is an unconstitutionality and cannot induce attraction of a seaman occupation. Therefore, in consideration of special nature marine labor, it is urgent to amend in order to receive the benefit of seaman insurance law above the level of benefit of the worker on labor standards law.


3. It is the provision about the repatriation of a seaman that is unique only in the seaman employment relationship. The existing seaman act considers specialty of marine labor and is putting a repatriation provision, but it is short to consider the position of a seaman and is not enough for a foreign legislation level. Therefore, the provision about repatriation on the seaman act must be revised toward reflecting the intention of a seaman and preserving the profit of a seaman.


Until now welfare policy about the seaman has a lot of problems as above. if there is not a seaman we are not able to strengthen ocean fisheries industry and the competitiveness of nation. Therefore, special measures about legal protection of seaman according to the termination of seaman employment relationship in order to preserve the right of them and to resolve manpower problem of seaman occupation .
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