선원재해보상보험제도에 관한 연구

Abstract

Korea is advancing with a leading country of shipping and distribution but the number of crew in Korea which has been divided into 3D has decreased for a long time. This short of crew made the law that allow foreigners to board in Korean vessels and Korea imports crew from Philippine, China and Thailand. The working crew had decreased in 35%, that is 53,500 persons in 1991 into 17,412 persons in 2002. The decrease of people who had wanted to work as a crew had been 354%, that is 53,500 persons in 1991 into 17,412 persons in 2002. This phenomenon is that because crew doesn't need like before for vessel automation as well as because crew is less attractive than other jobs. This phenomenon will be continued and at last we may import all crew from abroad.

The cause that crew has lost its attractiveness is the poor working condition and low wage but more major cause can be a crew welfare system lag. The crew welfare system was reinforced by Seamen Act but its standard has fallen compared to land workers after 1989. The land workers welfare system has elevated with an amendment of The Industrial Accident Insurance Act and an expansion of applied workers. The crew welfare system, however, just has followed the land workers welfare system. This falling behind of welfare system has accelerated crew unwelcome phenomenon.

In case of the coasting vessels, the most captains are entrusted with an employment of crew, and moreover, they employ crew just before boarding. Because of these systems, many unreported crew aren't covered by the insurance for failure of crew change report and it becomes a social problem. Fortunately「Compensation for Seamen and Fisherboat」was enacted and if crew is approved by this act, they are covered by the insurance regardless of premium payment of shipowners. This act is highly rated as an advanced crew compensation system.

Korean crew is compensated by Seamen Act and the government forced the crew to be insured for a complete compensation. Unfortunately the insurance against accident of merchant crew depends on shipowners' will. Although the act is obliged crew to be insured, there are many cases they aren't compensated because of premium nonpayment, and so on. Moreover some shipowners insure their crew for the low wage to save premium. For these reasons when the accidents happen, crew isn't compensated completely and lots of civil appeals are raised.

This study starts from concept which switches from being evaded crew to popular job. The seaservice workers are provided less working condition and accident compensation system than land workers. There are many reasons that the seaservice workers work in poor condition and among them the person himself made a discovery the problems of accident compensation system.

The first problem is accident compensation of boarding crew on the uninsured vessels. As mentioned above, in Seamen Act shipowners are charged with accident compensation of their crew(Rule 85) but most shipowners shift their responsibility on insurance. As the insurance loses its effect due to premium nonpayment and the uninsured crew who doesn't know it meets with an accident, they can not get any insurance money. This system is much poorer than land workers' industrial accident compensation system. In consideration of extraordinary nature of a sea duty the policy insurance that covers whether crew are insured or not has to be introduced.

The second problem is direct claim right of injured crew. The present policy issue practices which all insurance benefit is paid to shipowners infringe right of weak crew. Therefore the system that crew who meets an accident can claim damages directly needs to be established.

The last problem is compensation payment at a time. According to Seamen Act the insurance money is paid at a time in case of bereaved family liability and handicap liability(Rule 88～90). On the other hand land workers get compensation as a pension according to Industrial Accident Insurance Act. This system allows bereaved family to stable their livelihood and support themselves without help from those around one. Therefore related law and system which an indemnity is paid to injured crew as a pension like land workers need to be improved.