CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to maintain order on a ship, guarantee and improve the basic life of seafarers, and promote the improvement of the qualification of seafarers by prescribing matters concerning duties, service, standards of labor conditions, employment security, welfare, education, training of seafarers, etc.
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12538, Mar. 24, 2014; Act No. 14508, Dec. 27, 2016; Act No. 14803, Apr. 18, 2017>
| 1. | The term "seafarer" means a person who is employed to provide labor in a ship to which this Act applies: Provided, That those prescribed by Presidential Decree shall be excluded herefrom; |
| 2. | The term "shipowner" means a shipowner, ship managing business operator who is entrusted with the responsibility for the operation of a ship by a shipowner and agrees to take over the rights, responsibility, and obligations of a shipowner under this Act, his/her agent, ship charterer, etc.; |
| 3. | The term "captain" means a seafarer who directs and supervises seamen and takes the responsibility for the operation and management of a ship; |
| 4. | The term "seamen" means seafarers working on a ship except a captain; |
| 5. | The term "officers" means a mate, chief engineer, engineer, electrical engineer, chief radio operator, radio operator, chief navigator, and navigator as defined in subparagraph 3 of Article 2 of the Ship Personnel Act, and other seamen prescribed by Presidential Decree; |
| 6. | The term "sailors" means seamen other than officers; |
| 6-2. | The term "able sailors" means sailors who meet the qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries, among those working as watchkeeping sailors in the deck department or the engine department; |
| 7. | The term "reserve seafarer" means a seafarer working on a ship but not in service aboard at present; |
| 8. | The term "service ship" means a ship other than ships sailing waters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as an inland sea, waters in the harbor area as defined in subparagraph 4 of Article 2 of the Harbor Act, or waters adjacent thereto, etc.; |
| 9. | The term "seafarer labor contract" means a contract made for the purpose that a seafarer goes on board and provides a shipowner with his/her labor and the shipowner pay wages in compensation for labor; |
| 10. | The term "wages" means wages, salaries and all other money, regardless of its title, paid to seafarers by a shipowner in compensation for labor; |
| 11. | The term "ordinary wages" means hourly wages, daily wages, weekly wages, monthly wages or contracted wages determined to be paid to seafarers regularly and uniformly in compensation for a certain labor or the total labor; |
| 12. | The term "average boarding wages" means the amount given by dividing the total amount of wages paid to a seafarer in the period of his/her boarding before the day when a reason to calculate wages arises (where the period of boarding exceeds three months, referring to the latest three months) by the total number of days of the period of his/her boarding: Provided, That where this amount is smaller than the amount of ordinary wages, ordinary wages shall be deemed the average boarding wages; |
| 13. | The term "monthly fixed pay" means that the owner of a fishing vessel pays a fixed amount monthly to a seafarer of a fishing vessel as wages; |
| 14. | The term "production allowance" means the amount paid to a seafarer of a fishing vessel on the basis of the amount of fishing or a haul of fish, as prescribed by a collective agreement, the rules of employment or a seafarer labor contract, as wages paid to a seafarer of a fishing vessel in addition to a monthly fixed pay; |
| 15. | The term "percentage pay" means the amount apportioned, as wages paid to seafarers of a fishing vessel by the owner of a fishing vessel, from the amount left by deducting the common expenses prescribed by Presidential Decree from the amount of fishing according to a method of distribution prescribed by a collective agreement, the rules of employment or a seafarer labor contract; |
| 16. | The term "working hours" means hours required of a seafarer to work for a ship; |
| 17. | The term "time to rest" means hours (excluding a break during work) other than working hours; |
| 18. | The term "maritime affairs and port authorities" means the Minister of Oceans and Fisheries, and the heads of institutions prescribed by Presidential Decree which belong to the Ministry of Oceans and Fisheries; |
| 19. | The term "seafarers' identity document" means a document issued to prove identity of a seafarer according to the Seafarers' Identity Documents Convention (185 of 2003) of the International Labor Organization; |
| 20. | The term "seaman's pocket ledger" means documents in which the details of boarding service career, certification of qualifications, labor contract, etc. of a seafarer are stated; |
| 21. | The term "certificate of the suitability to maritime labor" means a document certifying that the labor standards and living standards of a seafarer meet the standards for authentication under this Act and the Maritime Labor Convention 2006 (hereinafter referred to as the "Maritime Labor Convention") as a result of the inspection thereof; |
| 22. | The term "declaration of the suitability to maritime labor" means a document that approves the measures taken by a shipowner to record the domestic standards implementing the Maritime Labor Convention and observe such standards meet the standards for authentication under this Act and the Maritime Labor Convention. |
| Article 3 (Scope of Application) |
| (1) | Unless otherwise specifically provided for in any other Acts, this Act shall apply to seafarers who are in service on board a ship of the Republic of Korea (including a fishing vessel under the Fishing Vessels Act) under the Ship Act, a foreign ship chartered on condition that she will acquire Korean registry, and a foreign ship sailing for coastwise service only and the owners of such ships: Provided, That this Act shall not apply to seafarers who are in service on board any of the following ships and the owner of such a ship: <Amended by Act No. 11188, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13186, Feb. 3, 2015> |
| 1. | A ship the gross tonnage of which is less than five tons and which is not a service ship; |
| 2. | A ship (excluding a tugboat registered under Article 24 of the Act on the Arrival and Departure of Ships) sailing within a lake, river or harbor only; |
| 3. | A fishing vessel the gross tonnage of which is less than 20 tons and which is a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| (2) | The provisions concerning seafarers of this Act shall also apply to a person who goes on board for practical exercise for the purpose of becoming a seafarer, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 4 (Seafarer Labor Relations Commission) |
| (2) | Except as otherwise expressly provided for in this Act and the Labor Relations Commission Act, matters necessary for the establishment of the Seafarer Labor Relations Commission (hereinafter referred to as the "Seafarer Labor Relations Commission") under paragraph (1), the title, the location, the area under the jurisdiction, the duties concerned, the appointment of members thereof, and other matters necessary for the operation thereof shall be prescribed by Presidential Decree. |
| Article 5 (Relationship with Other Statutes) |
| (1) | Articles 2 (1) 1 through 3, 3 through 6, 8 through 10, 36, 40, 68, 74, 107 (limited to cases violating Articles 8 and 9 or 40), 109 (limited to cases violating Article 36), 110 (limited where Articles 10 and 74 are violated), and 114 (limited to cases violating Article 6) of the Labor Standards Act shall apply to labor relations of seafarers. <Amended by Act No. 13000, Jan. 6, 2015; Act No. 14508, Dec. 27, 2016> |
CHAPTER II DUTIES AND AUTHORITY OF CAPTAIN
| Article 6 (Rights to Command and Order) |
A captain shall command and supervise seamen, and may give orders necessary to perform his/her duties to those in a ship.
| Article 7 (Responsibilities for Inspection and Reporting before Departure from Port, etc.) |
| (1) | A captain shall conduct an inspection or checkup regarding each of the following matters (hereinafter referred to as “inspection, etc.”) before departure from a port, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Whether a ship is seaworthy; |
| 2. | Whether cargo is loaded properly; |
| 3. | Whether equipment, personnel, food, fuel, etc. suitable for sailing have been provided; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries for the safe operation of a ship. |
| (2) | A captain shall report the results of an inspection, etc. referred to in paragraph (1) to a shipowner, etc. |
| (3) | Where a captain deems any problem exists, as a result of an inspection, etc. referred to in paragraph (1), he/she shall, without delay, ask the shipowner to take appropriate countermeasures. |
| (4) | The shipowner in receipt of a request for countermeasures under paragraph (3) shall take necessary measures for the ship and the safe operation of the ship. |
[This Article Wholly Amended by Act No. 13000, Jan. 6, 2015]
| Article 8 (Voyage along Sea Route) |
A captain shall set sail without delay if he/she has made preparations for sailing, and except for cases where there are unavoidable circumstances, he/she shall sail to the port of arrival along the planned sea route.
| Article 9 (Direct Command of Captain) |
| (1) | In any of the following cases, the captain shall take direct command of steering of a ship: <Amended by Act No. 13000, Jan. 6, 2015> |
| 1. | When a ship enters or leaves a port; |
| 2. | When a ship passes through a narrow waterway; |
| 3. | When a ship passes through a sea area prone to marine accidents, such as collision and sinking; |
| 4. | When a ship is otherwise exposed to a potential danger, prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Except in cases falling under paragraph (1), the captain may require an officer prescribed by Presidential Decree, such as the chief mate, to take command of steering the ship during his/her break time under Article 60 (3). <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 10 (Duty to Stay in Ship) |
A captain shall not leave his/her ship from the time cargoes are loaded and passengers start to go on board until the time all cargoes are unloaded from his/her ship and all passengers leave his/her ship: Provided, That except for cases where there is a special reason that he/she should not leave his/her ship, such as abnormal weather conditions, this shall not apply where he/she has appointed a person who is to perform his/her duties on his/her behalf from among officers.
| Article 11 (Measures to Be Taken When Ship Is in Danger) |
| (1) | Where a ship is in critical danger, the captain shall take all measures necessary to rescue human lives, the ship, and cargoes. |
| (2) | The captain shall not leave the ship before completing all measures necessary to rescue human lives referred to in paragraph (1). <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to seamen. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 12 (Measures to Be Taken in Case of Collision of Ships) |
When ships collide each other, the captain of each ship shall take all measures necessary to rescue human lives and ships, and inform the counterparty of the name of his/her ship, the shipowner, a port of registry, port of departure, and port of arrival: Provided, That this shall not apply where a ship under his/her command is in critical danger.
| Article 13 (Rescue of Wrecked Ships) |
When a captain becomes aware of distress of another ship or airplane, he/she shall take all measures necessary to rescue human lives: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as cases where a ship under his/her command is in critical danger. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 14 (Notification of Abnormal Weather Conditions, etc.) |
When the captain of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries encounters apprehensions that may present hazards to sailing of his/her ship, such as abnormal weather conditions including a rainstorm, floating ice, floating or sunken objects, he/she shall notify the captain of a nearby ship and the head of a coast guard agency of such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That this shall not apply where the head of a meteorological agency or coast guard agency (in the case of a ship sailing outside of territorial waters of the Republic of Korea, referring to the maritime security agency of the nearest country thereto) has forecasted abnormal weather conditions, such as a rainstorm. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 15 (Emergency Organization Chart, Drills, etc.) |
| (1) | The captain of any of the following ships shall post up the emergency organization chart describing duties of seamen to be performed in case of emergency in a conspicuous place inside a ship, and conduct drills with those aboard the ship in preparation for emergency, such as fire drills and lifeboat drills. In such cases, seamen shall participate in the drills, performing their duties described in the emergency organization chart: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13000, Jan. 6, 2015> |
| 1. | Ships, the gross tonnage of which is no less than 500 tons: Provided, That ships whose navigation area is near coastal water areas shall be excluded; |
| (2) | In order to assist all passengers on board to be prepared for an emergency, the captain of a passenger ship shall indicate inside the ship the location of emergency signals and gathering place and the location where life preservers are placed, display guidelines on an evacuation method, etc. in a conspicuous place inside the ship, and educate the passengers on the method of using life preservers, evacuation procedures, and other matters that they must remember in preparation for an emergency. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| (3) | Where a captain conducts a drill in preparation for emergency pursuant to paragraph (1), he/she shall not cause any inconvenience to seamen's break time. |
| (4) | Matters such as the method of emergency signaling and the time for providing instructions on the matters that passengers are to remember in preparation for an emergency, referred to in paragraph (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 16 (Ensuring Safety of Sailing) |
In addition to matters prescribed in Articles 7 through 15, the watchkeeping, the prevention of fire in a ship, and other matters to be observed by a captain for the safety of a voyage shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 17 (Burial at Sea) |
Where a person aboard a ship dies on a voyage, a captain may bury the body at sea, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 18 (Disposal of Articles Left Behind) |
Where a person aboard a ship dies or is missing, except as otherwise provided in statutes and regulations, the captain shall keep the articles left on the ship or take other necessary measures therefor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 19 (Repatriation of Korean Citizen Residing in Foreign Country) |
| (1) | When a consul of the Republic of Korea stationed in a foreign country orders a captain to repatriate a national of the Republic of Korea, as prescribed by statutes and regulations, the captain shall not refuse such order without justifiable grounds. |
| (2) | The bearing of expenses incurred in the repatriation under paragraph (1) and matters necessary for the repatriation shall be prescribed by Presidential Decree. |
| Article 20 (Maintenance of Documents) |
| (1) | A captain shall keep the following documents in a ship: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | A certificate of registry of a ship; |
| 4. | Documents concerning cargoes; |
| 5. | Other documents prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A captain shall record and keep a list of seafarers, the logbook, etc. according to the form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 21 (Reporting on Operation of Ship) |
In any of the following circumstances, the captain shall report such fact to the competent maritime affairs and port authorities without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | When a ship collides, sinks, is destroyed or lost, suffers from a fire, runs aground, suffers from damage to engine, or other marine accident happens; |
| 2. | Where a captain comes to know distress of another ship on a voyage (excluding cases where he/she comes to know such distress through wireless communications); |
| 3. | Where a ship is engaged in the rescue of human lives or a ship; |
| 4. | Where a person aboard a ship dies or is missing; |
| 5. | Where a captain changes the planned sea route; |
| 6. | Where a ship is detained or seized; |
| 7. | Where other serious accident happens in a ship. |
CHAPTER III MAINTENANCE OF ORDER ON SHIP
| Article 22 (Disciplinary Action against Seamen) |
| (1) | Where a seaman falls under any of the following cases, a captain may take disciplinary actions against the relevant seaman: |
| 1. | Where he/she fails to obey an official order of his/her superior; |
| 2. | Where he/she leaves a ship without obtaining permission from the captain; |
| 4. | Where he/she fights, assaults, drinks, makes a noise, or damages structures intentionally in a ship; |
| 5. | Where he/she neglects his/her duties or interferes with the performance of duties of other seamen; |
| 6. | Where he/she fails to go on board a ship by the time appointed by the captain without a justifiable reason; |
| 7. | Where he/she conducts other act prohibited by a collective agreement, the rules of employment or a seafarer labor contract, as an act disturbing order in a ship. |
| (2) | Disciplinary action shall be admonition, prohibition from landing and leaving a ship, and the period of prohibition from landing shall be not more than ten days while a ship is at anchor. |
| (3) | Disciplinary action of leaving a ship under paragraph (2) shall be taken only where it is evident that a seaman disturbs order in a ship by an act of violence, etc. or obstructs the sailing of a ship intentionally. In such cases, the captain shall inform a shipowner without delay that he/she has taken disciplinary action of leaving a ship. |
| (4) | Where the captain takes disciplinary action against a seaman, he/she shall first go through a resolution of the disciplinary committee which is comprised of not less than five seamen (where the number of seamen is not more than ten, referring to three seamen). |
| (5) | Matters necessary for the composition and operation of the disciplinary committee under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>. |
| Article 23 (Measures against Dangerous Articles, etc.) |
| (1) | A person who goes on board with a lethal weapon, explosive or inflammable articles, toxic substances under the Chemical Substances Control Act, or other dangerous articles shall immediately report such to the captain. <Amended by Act No. 11862, Jun. 4, 2013> |
| (2) | A captain may take necessary measures, such as maintenance or disuse against articles falling under paragraph (1). |
| (3) | When a seaman or any other person on board intends to conduct an act that is apt to cause harm to human lives or a ship, a captain may take measures necessary to prevent such harm. |
| Article 24 (Requesting Administrative Agency to Aid) |
| (1) | When a seaman or any other person on board does harm to human lives or a ship, or seriously disturbs order in a ship, the captain may request the head of a related administrative agency to give aid to him/her as necessary to maintain order in the ship. |
| (2) | The head of a related administrative agency upon receipt of a request by the captain to give aid under paragraph (1) shall comply with such request. |
| Article 25 (Restrictions on Actions in Labor Dispute) |
Where a ship falls under any of the following cases, no seafarer shall take action in labor dispute concerning seafarer labor relations: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Where a ship is in a foreign port; |
| 2. | Where a passenger ship is sailing with passengers on board; |
| 3. | As cases where a ship for exclusive transport of dangerous articles is sailing, where dangerous articles by kind are prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Where a ship is sailing under the command of steering by the captain, etc. pursuant to Article 9; |
| 5. | Where a fishing vessel is conducting a series of fishing operations from the time it casts fishing implements in a fishing ground until the time it completes freezing treatment, etc.; |
| 6. | Where other action in a labor dispute concerning seafarer labor relations is apt to do remarkable harm to the security of human lives or a ship. |
| Article 25-2 (Prohibition of Forced Labor) |
No shipowner or a seafarer shall coerce a seafarer to perform labor against his/her free will through battery, intimidation, confinement, or by any other means that unjustly restrict his/her mental or physical freedom.
[This Article Newly Inserted by Act No. 13000, Jan. 6, 2015]
CHAPTER IV SEAFARER LABOR CONTRACT
| Article 26 (Contract in Violation of This Act) |
Where a seafarer labor contract stipulates the labor conditions that fail to meet the standards prescribed by this Act, only such part shall become null and void. In such cases, such null and void part shall conform to the standards prescribed by this Act.
| Article 27 (Clear Statement of Labor Conditions) |
| (1) | Where a shipowner enters into a seafarer labor contract, he/she shall make wages, working hours, and other labor conditions specifically clear to a seafarer. The same shall also apply where he/she changes a seafarer labor contract. |
| (2) | When a shipowner enters into a seafarer labor contract with a seafarer, where the seafarer wishes, the shipowner shall give an opportunity that the seafarer may review the details of a seafarer labor contract and be provided with advice and suggestions about the same. The same shall also apply where the shipowner changes a seafarer labor contract. |
| Article 28 (Violation of Labor Conditions) |
| (1) | Where the labor conditions specified in a seafarer labor contract are different from the actual labor conditions, a seafarer may cancel the seafarer labor contract and claim damages caused by the violation of the labor conditions against a shipowner. |
| (2) | A seafarer who intends to claim damages pursuant to paragraph (1) may request the Seafarer Labor Relations Commission to ascertain whether a shipowner has violated the labor conditions. |
| Article 29 (Prohibition of Predetermination of Penalty) |
No shipowner shall enter into a contract that predetermines a penalty or the amount of damages against the non-fulfillment of a seafarer labor contract.
| Article 30 (Prohibition of Compulsory Savings, etc.) |
No shipowner shall enter into a contract that stipulates compulsory savings or the management of savings annexed to a seafarer labor contract.
| Article 31 (Prohibition of Offsetting Wages in Advance) |
No shipowner shall offset a seafarer’s wages against his/her wages in advance or other subleased claims given on the condition that the seafarer offers work.
[This Article Wholly Amended by Act No. 16281, Jan. 15, 2019]
| Article 32 (Restrictions on Cancellation of Seafarer Labor Contract) |
| (1) | A shipowner shall neither cancel a seafarer labor contract nor inflict the temporary retirement, the suspension from duty, the reduction of wages, and other punishment on a seafarer without a justifiable reason. |
| (2) | No shipowner shall cancel a seafarer labor contract during any of the following periods: Provided, That this shall not apply where he/she is authorized by the Seafarer Labor Relations Commission or he/she makes a temporary compensation under Article 98, in cases where he/she is unable to continue to conduct his/her business due to a natural disaster or other unavoidable circumstances: |
| 1. | The period during which a seafarer is not engaged in his/her work for medical treatment of an injury or medical treatment of a disease due to his/her work, and 30 days thereafter; |
| Article 33 (Advance Notice of Cancellation of Seafarer Labor Contract) |
| (1) | Where a shipowner intends to cancel a seafarer labor contract, he/she shall inform a seafarer of the cancellation of the seafarer labor contract in writing with a period of advance notice of not less than 30 days, and where he/she fails to inform the seafarer of such cancellation, he/she shall pay ordinary wages of not less than 30 days: Provided, That this shall not apply where a shipowner or seafarer falls under any of the following cases: |
| 1. | Where a shipowner is unable to continue to conduct his/her business due to a natural disaster, sinking or destruction of a ship, or other unavoidable circumstances, and where recognition by the Seafarer Labor Relations Commission is obtained; |
| 2. | Where a seafarer leaves a ship without a justifiable reason; |
| 3. | Where a seafarer is submitted to a disciplinary measure of leaving a ship pursuant to Article 22 (3). |
| (2) | Where a seafarer intends to cancel a seafarer labor contract, he/she shall inform a shipowner of his/her intention with a period of advance notice of not more than 30 days as stipulated in a collective agreement, the rules of employment or the seafarer labor contract. |
| Article 34 (Application for Relief from Cancellation, etc. without Justifiable Reason) |
| (1) | Where a shipowner cancels a seafarer labor contract or inflicts the temporary retirement, the suspension from duty, the reduction of wages, or other punishment on a seafarer without a justifiable reason, in violation of Article 32 (1), the seafarer may apply to the Seafarer Labor Relations Commission for the relief therefrom. |
| Article 35 (Continuance of Seafarer Labor Contract) |
| (1) | Where a seafarer labor contract is terminated while a ship is out at sea, such contract shall be deemed to continue until the ship enters the next port and unloads all cargoes to be unloaded or lands all passengers who are to leave the ship at the port. |
| (2) | Where a seafarer labor contract is terminated at a port which is not fit for a shift of boarding and leaving a ship, a shipowner may continue the seafarer labor contract until a ship arrives at a port fit for a shift of boarding and leaving the ship and unloads all cargoes to be unloaded and lands all passengers who are to leave the ship at the port within the extent of not exceeding 30 days. |
| Article 36 (Special Cases concerning Termination of Seafarer Labor Contract) |
Except for cases by general succession, such as succession, where a shipowner is changed, a seafarer labor contract made with the former shipowner shall be terminated, and from then on, a new seafarer labor contract by and between a new shipowner and a seafarer on the conditions same as those of the former seafarer labor contract shall be deemed to have been made: Provided, That a new shipowner or seafarer may cancel a seafarer labor contract by informing the cancellation thereof in writing with a period of advance notice of not less than 72 hours.
| Article 37 (Unemployment Allowance) |
Where a shipowner or seafarer falls under any of the following cases, the shipowner shall pay a seafarer an amount of money equivalent to ordinary wages for two months as an unemployment allowance, in addition to a retirement allowance under Article 55: | 1. | Where a shipowner cancels a seafarer labor contract though there is no reason imputable to a seafarer; |
| 2. | Where a seafarer cancels a seafarer labor contract because the labor conditions stipulated in the seafarer labor contract are different from the actual labor conditions; |
| 3. | Where a shipowner cancels a seafarer labor contract because he/she is unable to continue to conduct his/her business due to sinking or destruction of a ship, or other extenuating circumstances. |
| Article 38 (Repatriation) |
| (1) | Where a seafarer leaves a ship at the port which is not a place of his/her residence nor a place where he/she concluded a seafarer labor contract, a shipowner shall repatriate him/her to a place where he/she wishes to be repatriated among either a place of his/her residence or a place where he/she concluded the seafarer labor contract without delay at the expenses of and on the responsibility of the shipowner: Provided, That this shall not apply where the shipowner reimburses expenses incurred in the repatriation at the request of the seafarer. |
| (2) | Notwithstanding paragraph (1), where a seafarer falls under any of the following cases, a shipowner may claim expenses incurred in the repatriation against him/her: Provided, That the shipowner shall not claim an amount of money equivalent to 50/100 of the expenses incurred in the repatriation of a seafarer repatriated after he/she has worked on board for six months or more: |
| 1. | Where a seafarer leaves a ship at his/her discretion without a justifiable reason; |
| 2. | Where a seafarer leaves a ship after he/she has been disciplined to leave the ship pursuant to Article 22 (3); |
| 3. | Where a seafarer falls under the reasons prescribed by a collective agreement, the rules of employment or a seafarer labor contract. |
| (3) | The amount of money to be spent by a shipowner pursuant to paragraph (1) shall include transportation, accommodation, meals expenses incurred in the repatriation, and other expenses prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | In making a seafarer labor contract with a seafarer, no shipowner shall request the seafarer to pay expenses for repatriation in advance. |
| Article 39 (Repatriation Allowance) |
Except for cases where a seafarer falls under any of the subparagraphs of Article 38 (2), a shipowner shall pay a seafarer who left a ship an amount of money equivalent to his/her ordinary wages as a repatriation allowance according to the number of days required for repatriation. The same shall also apply where the shipowner reimburses the expenses for repatriation.
| Articles 40 and 41 Deleted. <by Act No. 14508, Dec. 27, 2016> |
| Article 42 (Measures, etc. for Repatriation of Seafarers) |
| (1) | Where a seafarer requests the Minister of Oceans and Fisheries to repatriate him/her because a shipowner fails to perform his/her duty to repatriate him/her under Article 38, the Minister of Oceans and Fisheries shall repatriate the seafarer. In such cases, the Minister of Oceans and Fisheries may claim compensation for the expenses incurred in the repatriation against the shipowner. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a foreign seafarer aboard a foreign ship requests the Minister of Oceans and Fisheries to repatriate him/her to his/her country because he/she is deserted in the Republic of Korea, the Minister of Oceans and Fisheries may repatriate the relevant seafarer to his/her country. In such cases, the Minister of Oceans and Fisheries may claim compensation for the expenses incurred in the repatriation against the flag state of the relevant foreign ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall not charge the expenses incurred in taking measures for repatriation under paragraph (1) or (2) to a seafarer. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries may order an embargo or lay an embargo on the relevant ship until the expenses incurred in the measures for repatriation under paragraph (1) or (2) are reimbursed. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 42-2 (Purchase, etc. of Relief-from-Abandonment Insurance, etc.) |
| (1) | A shipowner prescribed by Presidential Decree shall subscribe to insurance or become a member of mutual aid (hereinafter referred to as “relief-from-abandonment insurance, etc.”) prescribed by Presidential Decree in order to provide aid to a seafarer abandoned due to any of the following reasons: |
| 1. | Where a shipowner has failed to repatriate a seafarer in violation of the main sentence of Article 38 (1) or to reimburse expenses incurred in the repatriation prescribed in the proviso to the same paragraph; |
| 2. | Where a shipowner has unilaterally terminated labor relations with a seafarer by not paying wages prescribed in Article 52 for at least two months, severing contact with the seafarer, etc.; |
| 3. | Where a shipowner has failed to provide goods or services necessary for living in a ship, including food and water, and fuel and medical support necessary for survival, which must be provided to seafarers under this Act or a seafarer labor contract. |
| (2) | Relief-from-abandonment insurance, etc. shall guarantee the payment of the following expenses (hereinafter referred to as “expenses incurred in relief from abandonment”): |
| 1. | Expenses for repatriation provided for in Article 38; |
| 2. | Repatriation allowances provided for in Article 39; |
| 3. | Expenses incurred in providing goods or services necessary for living in a ship prescribed in paragraph (1) 3, including food and water, and fuel and medical support necessary for survival. |
| (3) | Where a shipowner subscribes to relief-from-abandonment insurance, etc., he/she shall designate a seafarer as the insured so that the seafarer can claim insurance money directly to the business operator of relief-from-abandonment insurance, etc. (hereinafter referred to as "relief-from-abandonment insurer, etc."). |
| (4) | Notwithstanding Article 469 of the Civil Act, where a seafarer or an agent designated by the seafarer and prescribed by Presidential Decree (hereinafter referred to as “designated agent”) claims expenses incurred in relief from abandonment, a relief-from-abandonment insurer, etc. shall pay the relevant expenses on behalf of a shipowner within the period prescribed by Presidential Decree. |
| (5) | Matters necessary for claiming and paying expenses incurred in relief from abandonment, other than those provided for in paragraphs (3) and (4), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14508, Dec. 27, 2016]
| Article 42-3 (Relationship with Other Benefits) |
Where a seafarer has received compensation for expenses incurred in relief from abandonment in accordance with the Civil Act or other statutes and regulations, a shipowner shall be released from the responsibility for compensating such seafarer for the expenses incurred in relief from abandonment to the extent of the value of such compensation. [This Article Newly Inserted by Act No. 14508, Dec. 27, 2016]
| Article 42-4 (Restrictions, etc. on Termination of Relief-from-Abandonment Insurance, etc.) |
| (1) | Where a relief-from-abandonment insurer, etc. intends to terminate a contract for relief-from-abandonment insurance, etc. before the term of the relevant contract, etc. under the statutes or insurance contract expires, such insurer shall not be allowed to do so unless he/she notifies the date scheduled for terminating the relevant relief-from-abandonment insurance, etc. to the Minister of Oceans and Fisheries by 30 days prior to such date scheduled for terminating the relevant relief-from-abandonment insurance, etc. |
| (2) | Where a shipowner falls under any of the following, a relief-from-abandonment insurer, etc. shall notify the relevant facts to the Minister of Oceans and Fisheries within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Where a shipowner concludes a contract with him/her for relief-from-abandonment insurance, etc.; |
| 2. | Where a shipowner concludes a contract with him/her for relief-from-abandonment insurance, etc., and then terminates the relevant contract prior to the expiration of the term of such contract by undergoing the procedures for advance notice prescribed in paragraph (1); |
| 3. | Where a person having a contract with him/her for relief-from-abandonment insurance, etc. has failed to conclude a contract again with him/her after the expiration of the term of such contract. |
| (3) | Where the Minister of Oceans and Fisheries receives notice prescribed in paragraph (1) or (2), he/she shall, without delay, inform the relevant facts to the seafarer who is the insured of the relevant relief-from-abandonment insurance, etc. |
[This Article Newly Inserted by Act No. 14508, Dec. 27, 2016]
| Article 43 (Preparation and Reporting of Seafarer Labor Contract) |
| (1) | A shipowner who has entered into a seafarer labor contract with a seafarer shall prepare a seafarer labor contract in duplicate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries are stated, and keep one copy thereof and give one copy thereof to the seafarer, and report the competent maritime affairs and port authorities before the seafarer goes on board or departs from the Republic of Korea to go on board. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases falling under paragraph (1), where a seafarer labor contract in the same contents is concluded repeatedly in several times, when a shipowner has reported the contents of a seafarer labor contract in advance, he/she may replace reporting with submission of a document proving the conclusion of the contract. |
| (3) | Where a shipowner prepares and reports the rules of employment pursuant to Article 119, a seafarer labor contract prepared according to such rules of employment shall be deemed to have been reported pursuant to paragraph (1). |
| Article 44 (Official Approval of List of Seafarers) |
| (1) | A shipowner shall prepare a list of seafarers by ship and keep the same on a ship and in an office on land, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Whenever there is a shift of seafarers' boarding and leaving a ship, a shipowner shall enter such fact and the names of seafarers in the list of seafarers kept on a ship according to the labor conditions of seafarers or the type of operation of a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a shipowner is unable to enter the matters related to a shift in the list of seafarers, a captain shall enter the same on behalf of the shipowner. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where there is a shift of seafarers' boarding and leaving a ship under paragraph (2), the shipowner shall obtain official approval (including official approval through the Internet; hereinafter the same shall apply) from the competent maritime affairs and port authorities on the list of seafarers except those prescribed by Presidential Decree as seafarers of a ship the navigation area of which is the neighboring waters prescribed by Article 8 (3) of the Ship Safety Act from among the seafarers. In such cases, the shipowner may have the captain apply for official approval on his/her behalf. <Amended by Act No. 13000, Jan. 6, 2015> |
| Article 45 (Seaman's Pocket Ledger) |
| (1) | A person who intends to be a seaman shall be issued a seaman's pocket ledger from the competent maritime affairs and port authorities, as prescribed by Presidential Decree: Provided, That in case of a seaman prescribed by Presidential Decree, a certificate of good character received from a shipowner may replace a seaman's pocket ledger issued, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | While a seaman is on board, he/she shall submit his/her seaman's pocket ledger or certificate of good character under paragraph (1) to a captain to let him/her keep the same, and where he/she makes a trip to go on board or leaves a ship, the seaman himself/herself shall keep the same. |
| (3) | When a shipowner or captain obtains official approval of the list of seafarers pursuant to Article 44 (3), he/she shall submit seaman's pocket ledgers or certificates of good character of seamen who go on board or leave a ship to the competent maritime affairs and port authorities along with the list of seafarers to obtain official approval of boarding or leaving a ship on seaman's pocket ledgers or certificates of good character, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That when a shipowner or captain does not obtain official approval of the list of seafarers intentionally or is unable to obtain official approval of the list of seafarers for reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as unknown whereabouts, a seaman who intends to leave a ship may obtain official approval of a seaman's pocket ledger or certificate of good character in person. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Notwithstanding paragraph (3), when official approval for boarding or leaving a ship is obtained through the Internet, the competent maritime affairs and port authorities may grant exemption from official approval for seaman's pocket ledgers or certificates of good character of seamen. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| (5) | Where the Minister of Oceans and Fisheries grasps the actual conditions of employment of a seaman or whether he/she carries his/her seaman's pocket ledger, or deems it necessary, he/she may inspect a seaman's pocket ledger. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Matters necessary for procedures for the issuance of a seaman's pocket ledger, etc. shall be prescribed by Presidential Decree. |
| Article 46 (Restrictions on Issuance of Seaman's Pocket Ledgers) |
| (1) | The competent maritime affairs and port authorities may refuse to issue a seaman's pocket ledger to a person who falls under any of the following cases: |
| 1. | A person whose identity is unclear; |
| 3. | A person notified by an investigation agency as a person under investigation. |
| (2) | Where the competent maritime affairs and port authorities deem it necessary in issuing a seaman's pocket ledger, it may issue a seaman's pocket ledger by limiting a ship a seaman may go on board or an area he/she may go on board, or with the fixed period of validity, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 47 (Invalidation of Seaman's Pocket Ledger) |
A seaman's pocket ledger that falls under any of the following cases shall lose its effect: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | A seaman's pocket ledger of a seaman who fails to go on board within five years (excluding the period recognized by the Minister of Oceans and Fisheries, such as the period of military service) from the date the seaman's pocket ledger is issued or the date he/she leaves a ship; |
| 2. | A deceased seaman's pocket ledger; |
| 3. | Where a seaman's pocket ledger is reissued, the former seaman's pocket ledger. |
| Article 48 (Seafarers' Identity Documents) |
| (1) | A seafarer who intends to go on board a ship to enter or depart from a foreign port (only applicable to a seafarer who is a citizen of the Republic of Korea) shall be issued a seafarer's identity document from the competent maritime affairs and port authorities, as prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), a person prescribed by Presidential Decree as a foreigner who goes on board a ship under the main sentence of Article 3 (1) and a seafarer who is a citizen of the Republic of Korea and goes on board a foreign ship may be issued a seafarer's identity document, as prescribed by Presidential Decree. |
| (3) | The period of validity of a seafarer's identity document shall be ten years from the date of issuance. |
| (4) | Articles 46 (1) and 47 shall apply mutatis mutandis to restrictions on the issuance and invalidation of a seafarer's identity document. In such cases, a "seaman's pocket ledger" shall be deemed a "seafarer's identity document". |
| (5) | Except in cases where a captain keeps a seafarer's identity document with a seafarer's written consent as necessary for the maintenance of security, a seafarer shall carry his/her seafarer's identity document. |
| (6) | In relation to the process of production, maintenance and issuance of seafarer's identity documents, their database and information system, etc., the Minister of Oceans and Fisheries shall prepare the standards for evaluation on the quality of protection of personal information, the conditions of security equipment, etc., and evaluate the same every five years. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | Matters necessary for standards of a seafarer's identity document, the contents recorded therein and procedures for the issuance thereof shall be prescribed by Presidential Decree. |
| Article 49 (Re-Issuance of Seaman's Pocket Ledger, etc.) |
A person who has been issued a seaman's pocket ledger or seafarer's identity document may be reissued either of them where he/she loses either of them, he/she is unable to use either of them because of its wear and tear, or in other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 50 (Prohibition of Lending and Unjust Use of Seaman's Pocket Ledger) |
A seafarer shall not use a seaman's pocket ledger or seafarer's identity document unjustly or lend either of them to another person.
| Article 51 (Issuance of Certificate of Work Experience on Board) |
Upon receipt of a request to issue a certificate of work experience on board by a seafarer, a shipowner or captain shall immediately issue such certificate to the seafarer.
| Article 52 (Payment of Wages) |
| (1) | A shipowner shall pay wages in full in currency directly to a seafarer: Provided, That where there are special provisions in statutes, regulations or a collective agreement, he/she may deduct part of wages or pay wages by means other than currency. |
| (2) | A shipowner shall pay wages on the regular date fixed not less than once a month: Provided, That this shall not apply to payments prescribed by Presidential Decree, such as wages paid temporarily, an allowance, and others corresponding thereto. |
| (3) | Notwithstanding paragraph (1), where a seafarer requests or there are special provisions in statutes, regulations or a collective agreement, a shipowner shall pay all or part of wages to his/her family or other person designated by him/her in currency or by means of deposit with a financial company, etc. |
| (4) | Notwithstanding paragraph (1), where a seafarer working on board requests, a shipowner shall have a captain pay some of wages to a seafarer directly in currency in common use in the port of call. |
| (5) | Where wages are calculated by days, 30 days shall be regarded as one month. |
| Article 53 (Payment before Due Date) |
Where a seafarer requests a shipowner to pay wages to make up for expenses incurred in a childbirth, disease, or accident of a seafarer or his/her family, or other extraordinary cases prescribed by Presidential Decree, the shipowner shall pay him/her wages for labor he/she has already provided even before the date of payment of wages.
| Article 54 (Wages of Seafarer Working on Board During Injury or Illness) |
Even if a seafarer working on board is unable to perform his/her duties due to injury or illness, during a period he/she is working on board, a shipowner shall pay wages to a seafarer other than a seafarer of a fishing vessel based on cases where he/she performs his/her duties, and pay ordinary wages to a seafarer of a fishing vessel: Provided, That this shall not apply where the Seafarer Labor Relations Commission deems such an injury or illness is caused by his/her intention.
| Article 55 (Retirement Allowance System) |
| (1) | Where a seafarer whose period of continued service is not less than one year retires, a shipowner shall prepare a system that pays an amount of money equivalent to average wages on board for the service of 30 days per one year of the period of continued service as a retirement allowance: Provided, That this shall not apply where a shipowner puts a system that replaces a retirement allowance system by a collective agreement or seafarer labor contract into operation with approval from the Seafarer Labor Relations Commission within the extent of not lower than such level. |
| (2) | When a shipowner puts a retirement allowance system under paragraph (1) into operation, if a seafarer requests, the shipowner may exactly calculate a retirement allowance for the period of the continued service of such seafarer in advance before he/she retires. In such cases, the period of the continued service for the calculation of a retirement allowance after the exact calculation shall be calculated from the time of exact calculation. |
| (3) | Where a shipowner calculates a retirement allowance, when he/she calculates the period of the continued service of a seafarer whose period of the continued service is not less than one year, for a period less than one year, he/she shall regard less than six months as six months, and not less than six months as one year: Provided, That when he/she calculates the period of the continued service to exactly calculate a retirement allowance in advance pursuant to paragraph (2), a period less than one year shall be excluded herefrom. |
| (4) | Notwithstanding paragraph (3), where the calculation of the period of the continued service is prescribed otherwise by a collective agreement or the rules of employment, the same shall apply thereto. |
| (5) | A shipowner shall pay an amount of money equivalent to average wages on board for the service of 20 days to a seafarer whose period of the continued service is not less than six months but less than one year and who retires because his/her seafarer labor contract expires or is cancelled for reasons not imputable to him/her. |
| Article 56 (Taking out Insurance Guaranteeing Wage Claims) |
| (1) | A shipowner (including an association of shipowners; hereafter in this Article the same shall apply) shall take out an insurance or become a member of mutual aid prescribed by Presidential Decree, or raise funds to guarantee the payment of wages and a retirement allowance not receivable by a retired seafarer (hereinafter referred to as "wages in arrears") for reasons prescribed by Presidential Decree, such as a shipowner's bankruptcy: Provided, That this shall not apply to a shipowner who is subject to funds to guarantee the payment of wages in arrears of seafarers in accordance with other statutes. |
| (2) | An insurance, mutual aid or funds under paragraph (1) shall guarantee the payment of wages in arrears falling under all of the following subparagraphs at least: <Amended by Act No. 14508, Dec. 27, 2016> |
| 1. | Wages for the latest four months under Article 52; |
| 2. | A retirement allowance for the latest four years under Article 55. |
| (3) | Notwithstanding Article 469 of the Civil Act, where a retired seafarer or his/her designated agent claims wages in arrears, an insurer, mutual aid or operator of funds under paragraph (1) shall pay wages in arrears in lieu of a shipowner. <Amended by Act No. 14508, Dec. 27, 2016> |
| (4) | An insurer, mutual aid or operator of funds who has paid wages in arrears to a seafarer or his/her designated agent pursuant to paragraph (3) shall subrogate a claim for wages in arrears of a seafarer against the relevant shipowner within the limits of an amount of money paid. <Amended by Act No. 14508, Dec. 27, 2016> |
| (5) | The right to preferential payment provided for in Article 152-2 (2) shall continue to exist in the right subrogated pursuant to paragraph (4). <Amended by Act No. 14508, Dec. 27, 2016> |
| (6) | Matters necessary for claim for and payment of wages in arrears shall be prescribed by Presidential Decree. |
| Article 57 (Special Cases concerning Wages of Seafarers of Fishing Vessels) |
| (1) | Wages of a seafarer of a fishing vessel may be paid by a monthly fixed pay and production allowance or percentage pay. |
| (2) | Ordinary wages and average boarding wages applicable to the calculation of an unemployment allowance, etc. under Articles 37, 39, 54, 55, 96, 97, and 99 through 102 for a seafarer of a fishing vessel who receives wages pursuant to paragraph (1) shall be the amount made by multiplying a monthly fixed pay by a rate prescribed by Presidential Decree. |
| (3) | Where a shipowner pays wages of a seafarer of a fishing vessel by percentage pay pursuant to paragraph (1), he/she shall pay an amount equivalent to a monthly fixed pay to a seafarer of a fishing vessel in advance. In such cases, where a monthly amount of percentage pay is less than a monthly fixed pay, an amount equivalent to a monthly fixed pay paid in advance shall be regarded as a monthly amount of percentage pay. |
A shipowner shall keep a payroll and state matters prescribed by Presidential Decree, such as matters that become the basis of the calculation of wages, therein, whenever he/she pays wages.
| Article 59 (Minimum Wages) |
Where the Minister of Oceans and Fisheries deems it necessary, he/she may fix the minimum amount of wages of seafarers. In such cases, he/she shall seek advice prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER VI WORKING HOURS AND COMPLEMENT
| Article 60 (Working Hours and Time to Rest) |
| (1) | Working hours shall be 8 hours a day and 40 hours a week: Provided, That a shipowner and seafarers may extend working hours to the extent of 16 hours a week (hereinafter referred to as "overtime work") by mutual agreement. |
| (2) | Notwithstanding paragraph (1), a shipowner may order a seafarer who keeps the navigational watch to overtime work within the extent of 16 hours a week, and other seafarers to overtime work within the extent of 4 hours a week. |
| (3) | Notwithstanding paragraphs (1) and (2), a shipowner shall grant seafarers the time to rest not less than 10 hours in any 24 hours and not less than 77 hours in any one week. In such cases, he/she may split the time to rest not less than 10 hours in any 24 hours only once, and one of the time to rest split shall continue not less than 6 hours minimum and the interval between the continuous time to rest shall not exceed 14 hours. |
| (4) | Notwithstanding paragraphs (2) and (3), where the competent maritime affairs and port authorities deem it unavoidable in consideration of the frequency of entry into and departure from a port, characteristics of duties of seafarers, etc., it may approve a collective agreement that defines standards of working hours, and standards for split of the time to rest and the interval thereof granted to a seafarer who keeps the watch or who works on board a ship engaged in a short-term sailing. In such cases, the administrator of a Regional Maritime Affairs and Port Office shall approve a collective agreement that meets standards for relaxation of the time to rest prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | A collective agreement under paragraph (4) shall include the contents that grant paid leave more frequent than the interval of paid leave granted under Article 69 (1) or longer than the number of days of paid leave under Article 70 (1). |
| (6) | Where there are compelling reasons, such as seeking the safety of human life, a ship or cargoes, emergencies due to marine pollution or to secure the maritime safety, or to rescue human life or other ship, a shipowner may order seafarers to overtime work in excess of working hours under paragraphs (1) and (2) or do necessary work despite of the time to rest under paragraph (3). |
| (7) | A shipowner shall give the time to rest in compensation for and corresponding to working hours to a seafarer who did necessary work despite of the time to rest or a seafarer who did not take the normal rest because he/she was called out to work during the time to rest pursuant to paragraph (6). |
| (8) | A shipowner shall give seafarers holidays not less than one day a week when a ship is on the berth. |
| Article 61 (Working Hours, etc. of Minor Seafarers) |
A shipowner shall observe the regulations on working hours, time to rest, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries for the protection of minor seafarers under 18 years of age. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 62 (Overtime Work Allowance, etc.) |
| (1) | A shipowner shall pay any of the following seafarers at least an amount equivalent to 150/100 of ordinary wages for his/her overtime work or holiday work as an overtime work allowance: |
| 1. | A seafarer who does overtime work pursuant to Article 60 (1), (2) and (6) (excluding a seafarer who is given a rest in compensation therefor pursuant to paragraph (7) of the same Article); |
| 2. | A seafarer who works on a holiday. |
| (2) | Notwithstanding paragraph (1), a shipowner may prepare a system by which he/she pays a certain amount as an overtime work allowance in consideration of the type of a ship, the size of a ship, the degree and performance of service of a seafarer according to the area of a voyage, as stipulated by a collective agreement, the rules of employment or a seafarer labor contract. |
| (3) | A shipowner shall keep documents in which working hours a day, time to rest and overtime work of seafarers are to be stated, and have a captain enter matters concerning working hours, time to rest, overtime work and payment of overtime work allowances therein. |
| (4) | A seafarer may request a shipowner or captain to give him/her a copy of documents under paragraph (3) in which his/her record is stated. |
| (5) | Notwithstanding paragraph (1), a shipowner shall grant paid leave by adding one day for every one month of working on board to the number of days of paid leave under Article 70 for overtime work of 4 hours a week among overtime work under Article 60 (1), (2) and (6) in lieu of paying an overtime work allowance. |
| Article 63 (Duty of Shipowner for Safe Operation) |
| (1) | A shipowner who is subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (hereinafter referred to as the "International Convention on Watchkeeping of Seafarers") shall perform the matters under the following subparagraphs for the safety of ship operation: <Amended by Act No. 13000, Jan. 6, 2015> |
| 1. | The formulation and execution of a plan for shipboard training of seamen and evaluation thereof to improve seamanship ability; |
| 1-2. | Emergency drills on board in preparation for marine accidents; |
| 2. | The preparation and execution of detailed standards for the watchkeeping; |
| 3. | Matters prescribed by Presidential Decree for the safety of ship operation. |
| (2) | Matters necessary for the formulation of a plan for shipboard training and evaluation thereof under paragraph (1) 1 and the preparation of standards of the watchkeeping under subparagraph 2 of the same paragraph shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 64 (Work on Board of Qualified Seafarers) |
| (1) | The owner of a ship prescribed by Presidential Decree shall have seafarers who have qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries work as watchkeeping sailors in the deck department or the engine department. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The owner of a ship the gross tonnage of which is not less than 500 tons and the sailing hours a day of which is not less than 16 hours shall have not less than three seafarers who have qualifications under paragraph (1) work as watchkeeping sailors of the deck department. |
| (3) | The owner of a ship laden with hazardous cargoes (only applicable to a ship used to transport bulk liquid cargo) prescribed by Presidential Decree shall have seafarers who have qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries work on board. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The owner of a ship prescribed by Presidential Decree shall have a seafarer who has a lifeboat steering license prescribed by Ordinance of the Ministry of Oceans and Fisheries work on board. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The owner of a ship prescribed by Presidential Decree shall have seafarers on board who have qualifications for passenger safety management prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| (1) | A shipowner shall fix the full strength of necessary seafarers (hereinafter referred to as "complement") to satisfy Articles 60, 64, and 76 and obtain approval therefor from the competent maritime affairs and port authorities. |
| (2) | Where the competent maritime affairs and port authorities approve the complement of a ship pursuant to paragraph (1), it shall issue a certificate of the complement thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A shipowner shall always have the number of seafarers stated in a certificate of complement work on board, and if a vacancy happens, he/she shall fill the vacancy without delay: Provided, That this shall not apply where he/she obtains permission from the Minister of Oceans and Fisheries as deemed impractical to fill a vacancy, such as where the relevant ship is in a foreign port. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 66 (Special Cases concerning Qualifications of Seafarers) |
Where facilities of a ship meet the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, notwithstanding Articles 64 and 65, matters concerning qualifications and the full strength of seafarers applicable to the ship shall be as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 66-2 (Standards for Aptitude Examination of Captains of Passenger Ships) |
| (1) | The captain of a passenger ship shall be a person who meets the standards for the aptitude examination prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as “aptitude examination standards”). |
| (2) | The owner of a passenger ship shall not have any person failing to meet the aptitude examination standards work on board as a captain. |
| (3) | Necessary matters concerning the procedures, etc. for ascertaining whether the aptitude examination standards are complied with shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 13000, Jan. 6, 2015]
| Article 67 (Reserve Seafarers) |
| (1) | A shipowner shall secure reserve seafarers in a number equal to or exceeding 10 percent of the total number of seafarers on board he/she employs: Provided, That in the case of a ship that is not a service ship, it may be prescribed differently by Presidential Decree by taking into consideration the type, purpose, etc. of the relevant ship. <Amended by Act No. 13000, Jan. 6, 2015> |
| (2) | A shipowner shall pay 70 percent of ordinary wages as wages to reserve seafarers in addition to those prescribed by Presidential Decree, such as those who are on paid leave. |
| Article 68 (Scope of Application) |
| (1) | The provisions of this Chapter shall not apply to any of the following ships (excluding a tugboat registered under Article 24 of the Act on the Arrival and Departure of Ships): <Amended by Act No. 11188, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13186, Feb. 3, 2015> |
| 1. | A sailing ship that is not a service ship; |
| 2. | A fishing vessel except a ship that transports fish caught; |
| 3. | A ship the gross tonnage of which is less than 500 tons and which is not a service ship; |
| 4. | Other ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Where deemed necessary, the Minister of Oceans and Fisheries may separately determine the standards of working hours and the complement of seafarers applicable to ships falling under any of the subparagraphs of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (1) | Where a seafarer has worked on board for consecutive eight months (including working on board a ship under repair or riding at her moorings; hereafter the same shall also apply in this Chapter), a shipowner (excluding the owner of a fishing vessel under Article 74; hereafter the same shall apply in this Article, Articles 72 and 73) shall grant him/her paid leave within four months thereafter: Provided, That where a ship is on a voyage, he/she may postpone paid leave until she ends a voyage. |
| (2) | In cases falling under paragraph (1), a period of travel of a seafarer to transfer to another ship of the same shipowner shall be deemed a period of his/her continued service on board. |
| (3) | A period during which a female seafarer before and after childbirth has taken holidays due to a leave under Article 74 of the Labor Standards Act shall be deemed a period of her continued service on board. <Amended by Act No. 11270, Feb. 1, 2012> |
| (4) | Even if a seafarer fails to work on board for the consecutive eight months, a shipowner shall grant him/her paid leave for a period during which he/she has worked on board. |
| (5) | For the protection of a minor seafarer under 18 years of age, a shipowner shall grant him/her paid leave, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 70 (Number of Days of Paid Leave) |
| (1) | The number of days of paid leave under Article 69 (1), (2), (4), and (5) shall be six days for the consecutive one month of working on board. |
| (2) | Notwithstanding paragraph (1), the number of days of paid leave of a seafarer working on board a ship sailing the coastal waters (hereinafter referred to as "coastal waters") designated pursuant to Article 8 (3) of the Ship Safety Act or a ship calling at a domestic port at intervals of not longer than 15 days shall be five days for the consecutive one month of his/her working on board. |
| (3) | For a seafarer who has worked for consecutive two or more years, one day of paid leave for consecutive one year of working on board shall be added to the number of days of paid leave under paragraph (1) or (2). |
| (4) | The number of days of paid leave for a period during which a female seafarer takes holidays as a leave referred to in Article 69 (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of a method of calculation of the number of days of paid leave under Article 60 (1) of the Labor Standards Act. <Amended by Act No. 11270, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) | Where a shipowner calculates the number of days of paid leave, he/she shall calculate a period of working on board less than one month by rate and calculate less than one day as one day. |
| Article 71 (Calculation of Number of Days of Paid Leave Used) |
The number of days of paid leave that a seafarer has actually used shall be calculated from the next day of the day on which he/she leaves a ship for the purpose of paid leave and arrives in his/her country (referring to the day when a period for repatriation normally comes pursuant to Article 38 (1)) to the preceding day of his/her boarding day (where he/she goes on board in a foreign country, referring to the day of his/her departure from his/her country), but none of the following periods shall be included in the number of days of paid leave used: <Amended by Act No. 11690, Mar. 23, 2013> | 1. | Legal holidays of government and other public offices or the Labor day; |
| 2. | A period of education and training that a seafarer receives pursuant to Article 116 or other statutes or regulations; |
| 3. | Other period prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 72 (Method of Granting Paid Leave) |
| (1) | A shipowner and seafarers shall agree on time when and a port where paid leave is granted. |
| (2) | A shipowner may grant a seafarer paid leave the period of which is divided, as prescribed by a collective agreement. |
| Article 73 (Paid Leave Allowance) |
| (1) | A shipowner shall pay ordinary wages to a seafarer who is on paid leave as a paid leave allowance. |
| (2) | Where a seafarer has not used all or part of paid leave under Articles 69 through 71, a shipowner shall pay an amount equivalent to ordinary wages for the number of days of paid leave not used separately in addition to wages. |
| Article 74 (Special Cases concerning Paid Leave of Seafarers of Fishing Vessel) |
| (1) | The owner of a fishing vessel (excluding a ship that transports the catches of fish; hereafter the same shall apply in this Article) engaged in fishery prescribed by Ordinance of the Ministry of Oceans and Fisheries shall grant paid leave to a seafarer of a fishing vessel who has worked on a fishing vessel belonging to the same enterprise for not less than consecutive one year. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a seafarer of a fishing vessel has suspended working on board a fishing vessel without intention or gross negligence, when the period of such suspension does not exceed 30 days, he/she shall be deemed to have worked on board continuously. |
| (3) | Matters necessary for the paid leave of a seafarer of a fishing vessel, such as the number of days, a method of grant and paid leave allowance of paid leave of a seafarer of a fishing vessel, under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 75 (Scope of Application) |
The provisions of this Chapter shall not apply to any of the following ships:
| 1. | A fishing vessel (excluding a ship that transports the catches of fish and a fishing vessel under Article 74); |
| 2. | A sailing ship that is not a service ship; |
| 3. | A ship in operation by a family working on board only, which is a not a service ship. |
CHAPTER VIII PROVISION OF MEALS, SAFETY AND HYGIENE IN SHIP
| Article 76 (Providing Meals in Ship) |
| (1) | A shipowner shall supply seafarers working on board with food and water in the proper quantity and quality, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, provide equipment necessary for cooking and providing meals, and provide meals in a ship. In such cases, he/she shall consider various cultural and religious backgrounds of seafarers working on board. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A shipowner shall have a cook on a ship (hereinafter referred to as "cook on a ship") who has qualifications prescribed by Presidential Decree work on board to provide meals in a ship under paragraph (1): Provided, That a ship prescribed by Presidential Decree may be exempted herefrom, or a shipowner may have a person who has knowledge of and experience in cooking and providing meals on a ship work on board in lieu of a cook on a ship. |
| (3) | The Minister of Oceans and Fisheries shall conduct education and an examination for qualifications for a cook on a ship, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 77 (Cost for Providing Meals in Ship) |
| (1) | In lieu of supply of foodstuffs under Article 76 (1), a shipowner may disburse expenses incurred in purchase of foodstuffs to provide meals in a ship (hereinafter referred to as "cost for providing meals in a ship") to the captain and have him/her manage the provision of meals in a ship with approval therefor from the Minister of Oceans and Fisheries. In such cases, the captain shall manage so that meals are provided to all seafarers in a ship without discrimination. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | When a shipowner disburses costs for providing meals in a ship, he/she shall disclose a daily standard amount per seafarer. |
| (3) | Costs for providing meals in a ship shall not be disbursed for uses other than expenses for purchase and transport of foodstuffs to provide meals in a ship. |
| (4) | The Minister of Oceans and Fisheries may fix the minimum standard amount of costs for providing meals in a ship, as prescribed by Presidential Decree. In such cases, a shipowner shall disburse costs for providing meals in a ship more than the minimum standard amount. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 78 (Responsibility and Obligations of State for Safety, Hygiene, etc. in Ship) |
| (1) | The Minister of Oceans and Fisheries shall take the responsibility and obligation of implementing the following matters faithfully so that seafarers working on board may protect their health, live, work, and receive training under the safe and hygienic circumstances: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The formulation, execution, adjustment, and control of policies on the safety and hygiene in a ship; |
| 2. | The preparation of standards for the safety, hygiene, and prevention of accidents in a ship; |
| 3. | The development and spread of the domestic guidelines for the promotion of the safety and hygiene in a ship; |
| 4. | Research and development of technologies for the safety and hygiene in a ship and the establishment and operation of the facilities therefor; |
| 5. | The publicity and education to encourage the awareness of safety and hygiene in a ship and the promotion of safety culture, such as a zero-accident campaign; |
| 6. | Inspections on accidents in a ship and maintenance and management of the statistics thereof; |
| 7. | The protection and promotion of safety and health of seafarers. |
| (2) | Where necessary to effectively implement matters falling under the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries shall consult with the representatives of an association of shipowners and an association of seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall promote cooperation with related international organizations, such as the International Labor Organization, and their member countries so that activities for the safety and hygiene in a ship and the prevention of accidents in a ship may be conducted and promoted comprehensively. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 79 (Standards for Safety and Hygiene and Prevention of Accidents in Ship) |
| (1) | The following matters shall be included in the standards for safety and hygiene and prevention of accidents in a ship (hereinafter referred to as "standards for safety and hygiene in a ship") under Article 78 (1) 2: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Policies on the evaluation of education and training and the dangerousness related to the safety and health of seafarers; |
| 2. | Measures for the prevention of an official accident, injury, and disease (hereinafter referred to as "official accident, etc.") of seafarers; |
| 3. | Programs in a ship to promote the safety and the protection of health of seafarers; |
| 4. | Inspections, reports and corrections of main causes to hinder the safety in a ship; |
| 5. | Inspections and reports of an official accident, etc. in a ship; |
| 6. | Duties of the captain and a person in charge of the safety and health in a ship; |
| 7. | The establishment and operation of a committee on the safety in a ship; |
| 8. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall determine and announce specific matters on the standards for the safety and hygiene in a ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 80 (Amendment of Standards for Safety and Hygiene in Ship) |
The Minister of Oceans and Fisheries shall review the standards for the safety and hygiene in a ship regularly in consultation with the representatives of an association of shipowners and an association of seafarers, and where necessary, he/she may amend the standards for the safety and hygiene in a ship in consideration of the result of review. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 81 (Investigation of Official Accident, etc.) |
| (1) | Upon receipt of a report on the fact of the occurrence of an official accident, etc. pursuant to Article 82 (4), the Minister of Oceans and Fisheries shall investigate the fact and causes thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | To prevent an official accident, etc., the Minister of Oceans and Fisheries shall maintain and manage the statistics regarding an official accident, etc. investigated pursuant to paragraph (1), and may analyze such statistics and publish an information package. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for procedures for and details of an investigation or disposal of the result of an investigation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 82 (Responsibility of Shipowner, etc.) |
| (1) | A shipowner shall provide seafarers with protective equipment, protective devices, etc., and prohibit them from using a machine without a protective device. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A shipowner shall have a seafarer who has a certain experience or technical skill engage in dangerous work in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | No shipowner shall require seafarers prescribed by Ordinance of the Ministry of Oceans and Fisheries as unfit for working on board to work on board among those who have an infectious disease, mental disease or other diseases. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When an official accident, etc. of a seafarer occurs, a shipowner shall immediately report such fact to the competent maritime affairs and port authorities. |
| (5) | A shipowner shall observe the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries concerning the prevention of danger when seafarers work in a ship, provision of medicine and medical supplies, maintenance of hygiene in a ship, the conduct of education thereon, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Unless there is a special reason, where a seafarer requests a captain to allow him/her to be treated his/her injury or disease in a medical institution in the port where a ship is calling, the captain shall not refuse such a request. |
| (7) | The shipowner prescribed by Presidential Decree shall provide uniforms to seafarers who go on board. In this case, the time for providing uniforms, dress codes, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 83 (Obligations, etc. of Seafarers) |
| (1) | A seafarer shall observe the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries concerning the prevention of danger when he/she works in a ship and maintenance of hygiene in a ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A seafarer may refuse the use of a machine that has no protective equipment or does not operate properly. |
| (3) | A seafarer shall wear a uniform provided by the shipowner pursuant Article 82 (7) at work. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 84 (Medical Doctors Working on Board) |
The owner of any of the following ships shall have a doctor work on board the ship: Provided, That this shall not apply where the shipowner has obtained approval from the competent maritime affairs and port authorities, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | A ship engaged in an international voyage for not less than three days and the maximum number of persons on board is not less than 100 (excluding a fishing vessel); |
| 2. | A fishing vessel engaged in mother ship type fishery prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 85 (Person in Charge of Medical Service) |
| (1) | The owner of any of the following ships among ships that need not have a doctor work on board shall have a person in charge of medical service in a ship: Provided, That this shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013> |
| 2. | A fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A person in charge of medical service (hereinafter referred to as "person in charge of medical service") under paragraph (1) shall be elected from among seafarers (excluding a person under 18 years of age) who have a certificate of qualifications for a person in charge of medical service issued pursuant to paragraph (3): Provided, That this shall not apply where a shipowner obtains approval therefor from the competent maritime affairs and port authorities owing to extenuating circumstances. |
| (3) | The Minister of Oceans and Fisheries shall issue a certificate of qualifications for a person in charge of medical service under paragraph (2) to a person who has passed an examination conducted by him/her, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, or a person whom he/she deems to have knowledge and experience equal to or higher than the level of a person who has passed the examination. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | A person in charge of medical service shall engage in business necessary for medical service in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where a person in charge of medical service is unable to perform his/her duties or leaves a ship due to any disease or any other reason, a shipowner shall, without delay, elect another person in charge of medical service or require him/her to be in service on board. <Newly Inserted by Act No. 15914, Dec. 11, 2018> |
| Article 86 (Person in Charge of First Aid) |
| (1) | The owner of any of the following ships among ships that need not have a doctor under Article 84 or a person in charge of medical service under Article 85 (1) work on board shall have a seafarer in charge of first aid (hereinafter referred to as "person in charge of first aid") in a ship: |
| 1. | A ship the navigation area of which is more than the coastal waters (excluding a fishing vessel); |
| 2. | A passenger ship the passenger capacity of which is not less than 13 persons. |
| (2) | A shipowner shall elect a person in charge of first aid from among seafarers who have completed education concerning first aid prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 87 (Medical Certificate of Health) |
| (1) | A shipowner shall only allow those who has a medical certificate of health in which a medical institution equal to or higher than a hospital level under the Medical Service Act or a doctor of a clinic meeting the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries proves them fit for working on board to work on board as seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The issuance of a medical certificate of health and other matters concerning a health examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 88 (Medical Advice by Radio Communications, etc.) |
| (1) | Where the captain of a ship (including a foreign-flag ship) on the voyage around the Republic of Korea requests the Minister of Oceans and Fisheries to give him/her medical advice on a seafarer who is injured or affected by a disease (hereinafter referred to as "injured or sick seafarer"), the Minister of Oceans and Fisheries shall give him/her medical advice free of charge by radio or satellite communications. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | To give medical advice under paragraph (1), the Minister of Oceans and Fisheries shall request the Minister of Health and Welfare who establishes and operates the emergency medical service information center pursuant to Article 27 of the Emergency Medical Service Act to cooperate with him/her, and the Minister of Health and Welfare shall cooperate with him/her unless there is a special reason. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 89 (Medical Treatment, etc. of Foreign Seamen) |
Where a foreign injured or sick seafarer who has entered a domestic port requests the Minister of Oceans and Fisheries to give him/her medical treatment, he/she shall take necessary measures. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER IX MINOR SEAFARERS AND FEMALE SEAFARERS
| Article 90 (Competence of Minors) |
| (1) | If a minor intends to be a seafarer, he/she shall obtain the consent of his/her legal representative. |
| (2) | A minor who has obtained the consent of his/her legal representative pursuant to paragraph (1) shall have the same competence as an adult concerning a seafarer labor contract. |
| Article 91 (Restrictions on Employment) |
| (1) | A shipowner shall not employ a person under 16 years of age as a seafarer: Provided, That this shall not apply to a ship on which only his/her family works. |
| (2) | Where a shipowner intends to employ a person under 18 years of age as a seafarer, he/she shall obtain approval therefor from the competent maritime affairs and port authorities, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A shipowner shall not assign dangerous work inboard and hygienically harmful work prescribed by Ordinance of the Ministry of Oceans and Fisheries to a seafarer under 18 years of age. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | A shipowner shall not assign work harmful or dangerous to pregnancy or childbirth prescribed by Ordinance of the Ministry of Oceans and Fisheries to a female seafarer. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | A shipowner shall not assign work inboard to a pregnant female seafarer: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a pregnant female seafarer applies for work inboard with regard to a voyage within the extent prescribed by Ordinance of the Ministry of Oceans and Fisheries, and a doctor does not deem such work harmful or dangerous to pregnancy or childbirth; |
| 2. | Where a pregnant female seafarer comes to know the fact that she is pregnant on a voyage and is engaged in work necessary for the safety of the relevant ship. |
| (6) | A shipowner shall not assign dangerous work inboard and hygienically harmful work prescribed by Ordinance of the Ministry of Oceans and Fisheries to a female seafarer in whose cases one year has not passed after childbirth. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | Paragraphs (4) through (6) shall not apply to a ship on which only a family works. |
| Article 92 (Prohibition of Night Work) |
| (1) | A shipowner shall not have a seafarer under 18 years of age engage in work for at least nine hours at night including hours from midnight to five in the morning: Provided, That this shall not apply where a shipowner has obtained the consent of such a seafarer and approval from the Minister of Oceans and Fisheries as easy work. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The main sentence of paragraph (1) shall not apply where a shipowner has a minor seafarer engage in work under Article 60 (6), or a ship on which only a family works. |
| Article 93 (Menstruation Holiday) |
A shipowner shall grant a female seafarer a menstruation leave of one day a month.
CHAPTER X ACCIDENT COMPENSATION
| Article 94 (Medical Treatment Compensation) |
| (1) | Where a seafarer is injured or affected by a disease while working on board, a shipowner shall let him/her take medical treatment at the shipowner’s expenses or reimburse expenses incurred in medical treatment until he/she is recovered from injury or disease. |
| (2) | Where a seafarer is injured or is affected by a disease due to a cause other than his/her duties while working on board (including a period of landing at a port of call, a period of travel attendant upon boarding or leaving a ship; hereafter in this Chapter the same shall apply), a shipowner shall reimburse expenses incurred in medical treatment within the extent of three months in accordance with the following subparagraphs: <Amended by Act No. 11141, Dec. 31, 2011> |
| 1. | Where a seafarer is injured or affected by a disease subject to medical treatment benefits under the National Health Insurance Act, a shipowner shall reimburse expenses equivalent to an amount to be borne by a seafarer himself/herself who takes medical treatment pursuant to Article 44 of the same Act, and where a seafarer is injured or affected by a disease not subject to medical treatment benefits under the same Act, a shipowner shall reimburse expenses incurred in medical treatment of such a seafarer; |
| 2. | Notwithstanding subparagraph 1, where a seafarer working on board a ship engaged in an international voyage takes medical treatment working on board because he/she is injured or affected by a disease, a shipowner shall reimburse expenses incurred in medical treatment of such seafarer. |
| (3) | Notwithstanding paragraph (2), a shipowner need not bear expenses to be borne pursuant to paragraph (2) for an injury or disease by intention of a seafarer with approval from the Seafarer Labor Relations Commission. |
| Article 95 (Coverage of Medical Treatment) |
The coverage of medical treatment under Article 94 shall be as follows: | 2. | Provision of medicine, medical supplies, artificial limbs and other prosthetic appliances; |
| 3. | A surgical operation and other medical treatment; |
| 4. | Reception in a hospital, clinic or other place necessary for medical treatment other than one's own house (including the provision of meals); |
| 5. | Tending a sick person; |
| 7. | Transportation expenses for outpatient treatment. |
| Article 96 (Injury and Disease Compensation) |
| (1) | A shipowner shall make injury and disease compensation in the amount equivalent to ordinary wages once a month to a seafarer under medical treatment pursuant to Article 94 (1) until he/she is recovered from injury or disease within the extent of four months, and where he/she is not recovered from injury or disease even when four months have passed, a shipowner shall make injury and disease compensation in the amount equivalent to 70/100 of ordinary wages once a month until he/she is recovered from injury or disease. |
| (2) | A shipowner shall make injury and disease compensation in the amount equivalent to 70/100 of ordinary wages once a month to a seafarer under medical treatment pursuant to Article 94 (2) during the period of medical treatment (limited to the extent of three months). |
| Article 97 (Compensation for Disability) |
Where physical disability remains even after a seafarer has been recovered from an injury or disease owing to his/her duties, a shipowner shall compensate him/her for his/her disability in the amount made by multiplying the number of days according to the degree of disability prescribed by the Industrial Accident Compensation Insurance Act by average boarding wages without delay.
| Article 98 (Compensation in Lump Sum) |
Where a seafarer who is receiving compensation pursuant to Articles 94 (1) and 96 (1) is not recovered from an injury or disease even after two years have passed, a shipowner may be released from his/her responsibility for compensation under Article 94 (1), 96 (1), or 97 by paying the amount equivalent to compensation for disability of the first degree under the Industrial Accident Compensation Insurance Act to the seafarer in a lump sum.
| Article 99 (Compensation for Bereaved Family) |
| (1) | Where a seafarer dies during the performance of his/her duties (including death under medical treatment owing to an injury or disease during the performance of his/her duties), a shipowner shall compensate a bereaved family prescribed by Presidential Decree for his/her death in the amount equivalent to average boarding wages for his/her service of 1,300 days without delay. |
| (2) | Where a seafarer dies from a cause other than his/her duties working on board (including death under medical treatment under Article 94 (2)), a shipowner shall compensate a bereaved family prescribed by Presidential Decree for his/her death in the amount equivalent to average boarding wages for his/her service of 1,000 days without delay: Provided, That this shall not apply where a seafarer dies from a cause by his/her intention and a shipowner obtains approval therefor from the Seafarer Labor Relations Commission. |
| Article 100 (Funeral Expenses) |
| (1) | Where a seafarer dies, a shipowner shall pay the bereaved family prescribed by Presidential Decree the amount equivalent to average boarding wages for his/her service of 120 days as funeral expenses without delay. |
| (2) | Where there is no bereaved family to whom a shipowner should reimburse funeral expenses under paragraph (1), he/she shall reimburse funeral expenses to a person who has actually held a funeral. |
| Article 101 (Compensation for Missing Seaman) |
| (1) | Where a seafarer is missing at sea, a shipowner shall compensate a dependant prescribed by Presidential Decree for a missing seafarer in the amount equivalent to ordinary wages for his/her service of one month plus average boarding wages for his/her service of three months. |
| (2) | Where a seafarer is missing for a period of one month or more, Articles 99 and 100 shall apply thereto. |
| Article 102 (Compensation for Loss of Belongings) |
Where a seafarer loses his/her belongings due to a maritime accident while he/she is on board, a shipowner shall compensate him/her for his/her belongings lost in the amount equivalent to the value thereof within the extent of ordinary wages for his/her service of two months.
| Article 103 (Relationship with Other Benefits) |
| (1) | Where a person who has the right to receive expenses for medical treatment, compensation for medical treatment or funeral expenses (hereinafter referred to as "accident compensation") pursuant to Articles 94 through 102 has received benefits equivalent to accident compensation under this Act in accordance with the Civil Act or other statutes or regulations for the same reasons that he/she may receive such accident compensation, a shipowner shall be released from the responsibility for accident compensation under this Act within the extent of the value thereof. <Amended by Act No. 14508, Dec. 27, 2016> |
| (2) | Where a shipowner pays accident compensation, he/she shall not infringe the rights or interests granted to a seafarer under the Civil Act or other statutes or regulations on account of occupational injury or illness. <Newly Inserted Act No. 14508, Dec. 27, 2016> |
| Article 104 (Examination or Arbitration by Maritime Affairs and Port Authorities) |
| (1) | A person who is dissatisfied with the recognition of an injury, disease, or death of a seafarer during the performance of his/her duties, a method of medical treatment, a decision of the amount of accident compensation and other accident compensation may file a claim for examination or arbitration with the competent maritime affairs and port authorities. |
| (2) | Where the competent maritime affairs and port authorities receive a claim for examination or arbitration under paragraph (1), it shall examine or arbitrate the case within one month. |
| (3) | Even though there is no claim for examination or arbitration under paragraph (1), if the competent maritime affairs and port authorities deem it necessary, it may examine or arbitrate the case ex officio. |
| (4) | Where the competent maritime affairs and port authorities examine or arbitrate the case pursuant to paragraphs (2) and (3), it shall hear opinions of the captain or other interested parties. |
| (5) | If the competent maritime affairs and port authorities deem it necessary where they examine or arbitrate the case pursuant to paragraphs (2) and (3), they may have a doctor diagnose or examine the case. |
| (6) | A claim for examination or arbitration under paragraph (1) shall be deemed a judicial claim concerning the interruption of prescription. |
| Article 105 (Examination and Arbitration by Seafarer Labor Relations Commission) |
| (1) | Where the competent maritime affairs and port authorities fail to examine or arbitrate the case within the period under Article 104 (2) or a person is dissatisfied with the findings of examination or arbitration, he/she may file a claim for examination or arbitration with the Seafarer Labor Relations Commission. |
| (2) | Where the Seafarer Labor Relations Commission receives a claim for examination or arbitration pursuant to paragraph (1), it shall examine or arbitrate the case within one month. |
| Article 106 (Purchase of Accident Compensation Insurance, etc.) |
| (1) | A shipowner shall purchase insurance or become a member of mutual aid prescribed by Presidential Decree (hereinafter referred to as “accident compensation insurance, etc.”) so that he/she can make accident compensation fully to all seafarers on board the relevant ship. <Amended by Act No. 14508, Dec. 27, 2016> |
| (2) | Where a shipowner purchases accident compensation insurance, etc., the insured amount shall be at least the average amount of boarding wages. <Newly Inserted by Act No. 13000, Jan. 6, 2015; Act No. 14508, Dec. 27, 2016> |
| (3) | Where a shipowner subscribes to accident compensation insurance, etc., he/she shall designate a seafarer as the insured so that the seafarer can claim insurance money directly to the business operator of accident compensation insurance, etc. (hereinafter referred to as "accident insurer, etc."). <Newly Inserted by Act No. 14508, Dec. 27, 2016> |
| (4) | Notwithstanding Article 469 of the Civil Act, where a seafarer, or his/her bereaved family or designated agent claims accident compensation, an accident insurer, etc. shall pay the accident compensation on behalf of a shipowner within the period prescribed by Presidential Decree. <Newly Inserted by Act No. 14508, Dec. 27, 2016> |
| (5) | Matters necessary for claiming and paying accident compensation, other than those provided for in paragraphs (2) through (4), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14508, Dec. 27, 2016> |
| Article 106-2 (Restrictions, etc. on Termination of Accident Compensation Insurance, etc.) |
| (1) | Where an accident insurer, etc. intends to terminate a contract for accident compensation insurance, etc. before the term of the relevant contract, etc. under the statutes or insurance contract expires, such insurer shall not be allowed to do so unless he/she notifies the date scheduled for terminating the relevant accident compensation insurance, etc. to the Minister of Oceans and Fisheries by 30 days prior to such date scheduled for terminating the relevant accident compensation insurance, etc. |
| (2) | Where a shipowner falls under any of the following, an accident insurer, etc. shall notify the relevant facts to the Minister of Oceans and Fisheries within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | When a shipowner concludes a contract with him/her for accident compensation insurance, etc.; |
| 2. | When a shipowner concludes a contract with him/her for accident compensation insurance, etc., and then terminates the relevant contract prior to the expiration of the term of such contract by undergoing the procedures for advance notice prescribed in paragraph (1); |
| 3. | When a person having a contract with him/her for accident compensation insurance, etc. has failed to conclude a contract again with him/her after the expiration of the term of such contract. |
| (3) | Where the Minister of Oceans and Fisheries receives notice prescribed in paragraph (1) or (2), he/she shall without delay inform the relevant facts to the seafarer who is the insured of the relevant accident compensation insurance, etc. |
[This Article Newly Inserted by Act No. 14508, Dec. 27, 2016]
CHAPTER XI WELFARE, EMPLOYMENT SECURITY AND EDUCATION AND TRAINING
| Article 107 (Formulation, etc. of Seafarer Policy Master Plans) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement a master plan for seafarer policies (hereinafter referred to as "seafarer policy master plan") every five years, after deliberation by the Seafarer Policy Committee prescribed in paragraph (5) in order to implement seafarer policies in an efficient and systematic manner. <Amended by Act No. 16281, Jan. 15, 2019> |
| (2) | A seafarer policy master plan shall include the following matters: <Amended by Act No. 15914, Dec. 11, 2018> |
| 1. | Matters related to the welfare of seafarers: |
| (a) | Estimation and prospect of the demand for the welfare of seafarers; |
| (b) | Measures for the long- or short-term supply of seafarers' welfare facilities; |
| (c) | Procurement, management, and support of resources for the welfare of seafarers, such as human resources, organization and finance; |
| (d) | Employment security and occupational rehabilitation of seafarers; |
| (e) | Collection and compiling of statistics related to the welfare of seafarers; |
| (f) | Selection of a port where seafarers' welfare facilities are to be established; |
| (g) | Improvement of food nutrition in a ship; |
| (h) | Coordination of the welfare of seafarers with social welfare services and health and medical care services; |
| (i) | Matters related to the health promotion of seafarers; |
| (j) | Other matters deemed necessary for the welfare of seafarers by the Minister of Oceans and Fisheries; |
| 2. | Matters related to the supply of and demand for human resources for seafarers: |
| (a) | Estimation of the demand for, as well as the cultivation of, human resources for seafarers; |
| (b) | Operation of an institution for the employment, recruitment, and job placement for seafarers; |
| (c) | Employment of foreign seafarers; |
| (d) | Other matters deemed necessary by the Minister of Oceans and Fisheries for managing supply of and demand for human resources for seafarers; |
| 3. | Matters related to the education and training of human resources for seafarers: |
| (a) | Mid- and long-term goals for the education and training of seafarers; |
| (b) | Short-, mid-, and long-term plans for the implementation of the education and training of seafarers; |
| (c) | Institutions for the education and training of seafarers and the methods of their operation; |
| (d) | Other matters deemed necessary by the Minister of Oceans and Fisheries for the education and training of seafarers. |
| (3) | The Minister of Oceans and Fisheries shall formulate and implement a yearly implementation plan for seafarer policies (hereinafter referred to as “implementation plan”) according to the seafarer policy master plan and shall endeavor to secure financial resources necessary therefor. <Newly Inserted by Act No. 16281, Jan. 15, 2019> |
| (4) | When the Minister of Oceans and Fisheries formulates a seafarer policy master plan and an implementation plan pursuant to paragraphs (1) and (3), he/she shall submit such plans to the competent standing committee of the National Assembly and publish them as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 16281, Jan. 15, 2019> |
| (5) | The Seafarer Policy Committee shall be established under the Ministry of Oceans and Fisheries to deliberate on the following matters concerning seafarers: |
| 1. | Matters related to the formulation and modification of a seafarer policy master plan; |
| 2. | Matters related to the evaluation of the performance of seafarer policies and the improvement thereof; |
| 3. | Matters related to seafarer policies requested by international organizations, etc.; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries for the welfare of seafarers, the supply of and demand for human resources for seafarers, and the education and training of human resources for seafarers. |
| (6) | The Seafarer Policy Committee shall be comprised of up to 20 members including one chairperson, and the Minister of Oceans and Fisheries shall serve as the chairperson. In this case, at least 1/3 of the members shall be representatives of seafarer-related organizations or experts. |
| (7) | Other matters necessary for the composition, operation, etc. of the Seafarer Policy Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13000, Jan. 6, 2015]
| Article 108 (Business for Employment Security of Seafarers) |
| (1) | The Minister of Oceans and Fisheries shall conduct the following business to secure necessary human resources for seafarers and promote the employment security of seafarers: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Business concerning effective job referral service, recruitment, and support of employment of seafarers; |
| 2. | Business concerning registration of seafarers to grasp the actual conditions of supply and demand of human resources for seafarers, and countermeasures against unemployment; |
| 3. | Business concerning the direction and supervision on the seafarer management business under Article 112; |
| 4. | Business concerning an aptitude test of seafarers. |
| (2) | The Minister of Oceans and Fisheries shall conduct business prescribed by Ordinance of the Ministry of Oceans and Fisheries as business related to cooperation with related international organizations, such as the International Labor Organization, and the member countries thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 109 (Registration of Job Seeking and Job Offers of Seafarers) |
| (1) | A person who intends to work on board a ship shall register himself/herself in the list of job seekers with the Korea Seafarer's Welfare and Employment Center under Article 142 or an institution prescribed by Presidential Decree (hereinafter referred to as "institution for registration of job seeking and job offers") as an institution related to job seeking and job offers, as determined by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person who intends to employ a seafarer shall register a job offer with an institution for registration of job seeking and job offers, as determined by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When an institution for registration of job seeking and job offers conducts job placement service of seafarers, it may request an association of shipowners or association of persons who conduct a seafarer management business under Article 112 to cooperate therewith. |
| Article 110 (Prohibition of Seafarer Supply Business) |
No person other than an institution for registration of job seeking and job offers, a seafarer management business operator under Article 112 (3), and an organization or institution related to maritime affairs and fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall conduct job placement service for seafarers. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 111 (Prohibition of Receipt of Money and Other Valuables) |
A person who intends to employ a seafarer, a person engaged in job placement, recruitment, employment, or management of seafarers or person engaged in labor and personnel management business of seafarers shall not receive money and other valuables or other benefits, whatever a pretext it may be, from a seafarer or person who intends to become a seafarer in relation to such job placement, recruitment, employment, etc.
| Article 112 (Seafarer Management Business) |
| (1) | Where the Minister of Oceans and Fisheries intends to formulate or change a seafarer management business system, he/she shall consult with a related association of shipowners and association of seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person other than a person who has registered a ship management business pursuant to Article 33 of the Marine Transportation Act shall not conduct a business executing the entrusted human resources management business of seafarers for another (hereinafter referred to as "seafarer management business"). |
| (3) | A person who conducts a seafarer management business (hereinafter referred to as "seafarer management business operator") shall conduct the entrusted business faithfully as a person in charge of human resources management of a shipowner, and when this Act applies to business prescribed by Presidential Decree of the entrusted business, he/she shall be deemed a shipowner. |
| (4) | Where a seafarer management business operator is entrusted with seafarer management business or there is a change in the details thereof, he/she shall report the same to the competent maritime affairs and port authorities. |
| (5) | A seafarer management business operator shall advise a seafarer who intends to work on board of the details of the entrusted business before he/she enters into a seafarer labor contract with a seafarer. |
| (6) | Where a seafarer management business operator is entrusted with human resources management business of seafarers by a shipowner (including a foreigner), he/she shall include the following matters in such business: |
| 1. | Matters concerning the labor conditions; |
| 2. | Matters concerning accident compensation. |
| Article 113 (Observance, etc. of International Agreement) |
| (1) | An institution for registration of job seeking and job offers, seafarer management business operator, or organization or institution related to maritime affairs and fisheries that conducts official business with permission from the Minister of Oceans and Fisheries shall conduct job placement service of seafarers by method of protecting and promoting the right to labor of seafarers, and observe matters prescribed by this Act, the Marine Transportation Act and the Maritime Labor Agreement in relation to job placement of seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a shipowner intends to employ a seafarer through a seamen employment agency in a country to which the Maritime Labor Convention does not apply, he/she shall ascertain whether a seafarer employment agency meets the standards of the Maritime Labor Convention and then shall employ a seafarer introduced by a seafarer employment agency that meets the standards prescribed by the Maritime Labor Convention, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 114 (Lodging Complaint and Conducting Investigation) |
Where a seafarer lodges a complaint in relation to job placement activities of an institution for registration of job seeking and job offers, seafarer management business operator, organization or institution related to maritime affairs and fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries shall investigate the case immediately, and where necessary, he/she may have the relevant shipowner and the representatives of seafarers participate in such investigation. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 115 (Managing Demand and Supply of Human Resources for Seafarers) |
| (1) | The Minister of Oceans and Fisheries may establish a system for the management of demand and supply of human resources for seafarers (hereinafter referred to as "system for the management of demand and supply of human resources for seafarers") to improve the qualification of seafarers and promote the balance of demand and supply of human resources for seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries deems it inevitable to adjust the demand and supply of human resources for seafarers because the demand and supply of human resources for seafarers has lost its balance, he/she may take necessary measures, such as setting priorities in supplying human resources for seafarers after deliberation by the Seafarer Policy Committee referred to in Article 107 (5). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13000, Jan. 6, 2015; Act No. 16281, Jan. 15, 2019> |
| (3) | Matters necessary for the enforcement of a system for the management of demand and supply of human resources for seafarers shall be prescribed by Presidential Decree. |
| Article 116 (Education and Training of Seafarers) |
| (1) | A seafarer and a person who intends to be a seafarer shall receive education and training conducted by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall restrict work on board of a seafarer who fails to complete education and training under paragraph (1) unless there is a compelling reason not to do so. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13000, Jan. 6, 2015> |
| Article 117 (Entrustment of Education and Training of Seafarers) |
| (1) | The Minister of Oceans and Fisheries may entrust education and training services under Article 116 to the Korea Institute of Maritime Affairs and Fisheries Technology (hereinafter referred to as the "Korea Institute of Maritime Affairs and Fisheries Technology") established in accordance with the Korea Institute of Maritime and Fisheries Technology Act or other seafarer education institution, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A shipowner who employs seafarers or a person who receives education and training under Article 116 shall bear expenses incurred in education and training, as prescribed by Presidential Decree: Provided, That he/she may be exempted from some of such expenses regarding education prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as safety education for boarding a ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for the supervision of a person entrusted with education and training services by the Minister of Oceans and Fisheries pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 118 (Government Subsidies) |
| (1) | The Minister of Oceans and Fisheries may subsidize necessary expenses to the Korea Institute of Maritime Affairs and Fisheries Technology entrusted with services pursuant to Articles 117 (1) and 158 (1) and the Korea Seafarer's Welfare and Employment Center, or lend them State property or port facilities without compensation, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries deems it necessary for the promotion of the welfare of seafarers and the improvement of their technological competence, he/she may subsidize working expenses or lend State property or port facilities without compensation to a person who conducts the relevant services. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER XII RULES OF EMPLOYMENT
| Article 119 (Preparation and Reporting of Rules of Employment) |
| (1) | A shipowner shall prepare the rules of employment in which the following matters are included and report the same to the competent maritime affairs and port authorities, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he/she modifies the rules of employment: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Matters concerning the determination, calculation, method of payment, closing and timing of payment of wages, and a rise in wages; |
| 2. | Matters concerning working hours, holidays, service in a ship, and the complement; |
| 3. | Matters concerning conditions for granting of paid leave, a shift of boarding and leaving a ship and traveling expenses; |
| 4. | Matters concerning the provision of meals in a ship and the welfare, safety, medical service and health of seafarers; |
| 5. | Matters concerning retirement from the service; |
| 6. | Matters concerning an unemployment allowance, retirement allowance, accident compensation, taking out an accident compensation insurance, etc.; |
| 7. | Matters concerning personnel management, reward and punishment, and disciplinary action; |
| 8. | Matters concerning education and training; |
| 9. | Where a collective agreement exists, matters concerning the labor conditions of seafarers of the details of the collective agreement; |
| 10. | Matters concerning the maternity protection of female seafarers, such as leave before and after childbirth and maternity leave, and support of the coexistence of work and family life. |
| (2) | Where a shipowner reports the rules of employment pursuant to paragraph (1), he/she shall submit documents in which the details of a collective agreement under Article 31 of the Trade Union and Labor Relations Adjustment Act are stated along with the rules of employment (excluding cases where a collective agreement has been submitted). |
| Article 120 (Procedures for Preparation of Rules of Employment) |
| (1) | Where there is a labor union organized by the majority of seafarers employed by a shipowner to whom the rules of employment apply, the shipowner who intends to prepare or change the rules of employment pursuant to Article 119 (1) shall hear the opinion of the labor union, and where there is no labor union organized by the majority of seafarers, he/she shall hear the opinion of the majority of seafarers: Provided, That where he/she changes the rules of employment to the disadvantage of seafarers, he/she shall obtain their consent. |
| (2) | Where a shipowner reports the rules of employment pursuant to Article 119 (1), he/she shall attach documents in which the details of the opinion or the consent under paragraph (1) are stated thereto. |
| Article 120-2 (Restrictions on Sanction Regulations) |
Where the rules of employment provides for the restrictions on wage reduction for seafarers, the amount of reduction shall not exceed 1/2 of an average boarding wage per day, and the total amount of reduction shall not exceed 1/10 of the total amount of wages at each time of wage payment.
[This Article Newly Inserted by Act No. 16281, Jan. 15, 2019]
| Article 121 (Supervision of Rules of Employment) |
The competent maritime affairs and port authorities may order a shipowner to change the rules of employment that violates statutes, regulations or a collective agreement.
| Article 122 (Effect of Rules of Employment) |
In the case of a seafarer labor contract that stipulates the labor conditions that do not meet the standards prescribed by the rules of employment, only the relevant part shall become null and void. In such cases, such void parts shall conform to the standards prescribed by the rules of employment.
CHAPTER XIII SUPERVISION, ETC.
| Article 123 (Inspection on Labor Standards, etc. of Seafarers) |
| (1) | The Minister of Oceans and Fisheries shall inspect a ship and other place of work every three years to ascertain whether the labor standards and living standards of seafarers meet the standards prescribed by this Act or relevant statutes or regulations: Provided, That he/she may exempt a ship that keeps a certificate of the suitability to maritime labor, etc. pursuant to Article 136 (1) from inspection. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | For a fishing vessel falling under the Fishing Vessels Act, the Minister of Oceans and Fisheries may extend the inspection interval under paragraph (1), as prescribed by Presidential Decree. |
| Article 124 (Administrative Disposition) |
| (1) | Where a shipowner or seafarer violates this Act, the Labor Standards Act (limited to a part applicable to labor relations of seafarers pursuant to Article 5 (1); hereinafter the same shall apply), or an order issued under this Act, the Minister of Oceans and Fisheries may order such a shipowner or seafarer to take necessary measures for the correction thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a shipowner or seafarer fails to comply with an order issued under paragraph (1), and a continuation of a voyage may pose considerable danger to the relevant ship and persons aboard a ship, the Minister of Oceans and Fisheries may order him/her to suspend his/her voyage or suspend the voyage. In such cases, where a ship goes on a voyage, the Minister of Oceans and Fisheries shall designate a port such a ship should enter. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | With regard to a ship on which the Minister of Oceans and Fisheries has imposed a disposition pursuant to paragraph (2), where he/she deems unnecessary to continue such disposition on the ship, he/she shall without delay cancel such disposition. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 125 (Seafarers’ Labor Supervisors) |
| (1) | The Ministry of Oceans and Fisheries shall employ seafarers’ labor supervisors to conduct inspections under Article 123 and supervise seafarers' labor. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for qualifications, appointment and dismissal, and duties of a seafarers’ labor supervisor shall be prescribed by Presidential Decree. |
| Article 126 (Authority of Seafarers’ Labor Supervisors) |
| (1) | A seafarers’ labor supervisor may ask for the attendance of a shipowner, seafarer, or other interested persons, or order them to submit books or documents, and have access to a ship or other place of work to inspect or question, for the purpose of supervising seafarers' labor under this Act. |
| (2) | Where a seafarers’ labor supervisor has access to or inspects a ship or other place of work pursuant to paragraph (1), he/she shall inform a person subject to inspection of an inspection plan involving the period of inspection, reasons for inspection, details of inspection, etc. seven days before the commencement of the inspection: Provided, That this shall not apply where an urgent inspection is required or where, if he/she gives prior notice thereof, he/she deems it impossible to achieve the purposes of the inspection due to destruction of evidence, etc. |
| (3) | A seafarers’ labor supervisor who has access to and inspects a ship or other place of work pursuant to paragraph (1) shall carry an identification indicating his/her authority and show it to interested persons, and produce a document in which his/her name, the time of access, the purpose of access, etc. are stated to interested persons at the time of his/her access. |
| (4) | A seafarers’ labor supervisor may commission a doctor to examine a seafarer deemed to have a disease who should be prohibited from working on board. |
| (5) | A doctor commissioned pursuant to paragraph (4) shall show a medical examination order issued by the Minister of Oceans and Fisheries to a seafarer. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 127 (Judicial Police Power) |
| (2) | Only a public prosecutor and a seafarers’ labor supervisor shall conduct an investigation, such as submission of documents, a formal interrogation or questioning under this Act, the Labor Standards Act and other statutes and regulations concerning seamen labor relations: Provided, That this shall not apply to an investigation of a crime concerning duties of a seafarers’ labor supervisor. |
| Article 128 (Duty, etc. of Confidentiality) |
| (1) | A person who is or was a seafarers’ labor supervisor shall not divulge confidential information he/she learned while performing duties. |
| (2) | A seafarers’ labor supervisor shall perform his/her duties fairly and independently. |
| (3) | A seafarers’ labor supervisor shall not conduct business in which he/she has direct or indirect interests in relation to the supervision of seafarers' labor. |
| Article 129 (Reporting, etc. to Supervisory Agencies) |
| (1) | Where a seafarer recognizes the existence of the fact that a shipowner or captain has violated this Act, the Labor Standards Act, or an order issued under this Act, he/she may lodge a complaint with the shipowner or captain, or report the fact to the competent maritime affairs and port authorities, seafarers’ labor supervisor or the Seafarers Labor Relations Commission as prescribed by Presidential Decree. |
| (2) | A shipowner shall not cancel a seafarer labor contract with a seafarer or treat him/her unfavorably by reason that he/she has lodged a complaint or filed a report thereon pursuant to paragraph (1). |
| (3) | Procedures for the conduct of matters reported pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | A shipowner shall establish an on-board complaint procedure which includes the following and post it in a conspicuous place on board the ship to deal with complaints lodged by seafarers pursuant to paragraph (1): <Amended by Act No. 15129, Nov. 28, 2017> |
| 1. | How seafarers can lodge a complaint on board; |
| 2. | On-board complaint procedure flowchart; |
| 3. | Person in charge of complaints on board; |
| 4. | Duties and authority of the person in charge of complaints on board referred to in subparagraph 3; |
| 5. | Contact persons in seafarers’ labor and rights-related offices, such as the maritime affairs and port authorities and the Seafarer Labor Relations Commission. |
| (5) | The owner of a ship on which foreign seafarers board shall prepare and post the on-board complaint procedure required by paragraph (4) in the native languages of all foreign seafarers onboard the ship or in English as well. <Newly Inserted by Act No. 15129, Nov. 28, 2017> |
| Article 130 (Mediation of Maritime Affairs and Port Authorities) |
| Article 131 (Affairs of Administrative Agency in Foreign Country) |
In a foreign country, a consul of the Republic of Korea shall conduct affairs that the competent maritime affairs and port authorities should conduct in accordance with this Act, as prescribed by Presidential Decree.
| Article 132 (Inspection of Foreign Ships) |
| (1) | The Minister of Oceans and Fisheries may require a public official under his/her jurisdiction to inspect the following matters with regard to a foreign ship in a domestic port (including an anchorage; hereinafter the same shall apply): <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | A certificate of the complement issued by a flag state and whether seafarers according to such certificate are on board; |
| 2. | Whether the watchkeeping is implemented according to standards of the watchkeeping in the International Convention on Watchkeeping of Seafarers; |
| 3. | Whether a seafarer carries a valid certificate of qualifications for a seafarer or certificate of the exemption therefrom according to the International Convention on Watchkeeping of Seafarers; |
| 4. | Whether a seafarer carries a certificate of the suitability to maritime labor and a declaration of the suitability to maritime labor according to the Maritime Labor Convention; |
| 5. | Whether a shipowner observe the labor standards and living standards of seafarers according to the Maritime Labor Convention. |
| (2) | Where the Minister of Oceans and Fisheries inspects a ship pursuant to paragraph (1), he/she may require a public official under his/her jurisdiction to access the ship, examine books, documents, and other articles, question the relevant seafarer, or directly examine the labor standards, living standards, etc. for seafarers. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 133 (Procedures, etc. for Inspection of Foreign Ships) |
| (1) | Procedures for inspection of a foreign ship under Article 132 (1) 4 and 5 shall be as follows: |
| 1. | Inspection of basic items: |
| (a) | Confirmation of the appropriateness and validity of a certificate of the suitability to maritime labor and a declaration of the suitability to maritime labor according to the Maritime Labor Convention; |
| (b) | Whether the labor standards and living standards of seafarers meet the standards of the Maritime Labor Convention; |
| (c) | Whether a ship has changed her registry to evade from observing the Maritime Labor Convention; |
| (d) | Whether a seafarer has lodged a complaint; |
| 2. | Where a ship falls under any of the following cases as a result of inspection of the basic items under subparagraph 1, detailed inspections shall be conducted. In such cases, a public official in charge shall advise the captain of the fact that he/she will conduct detailed inspections: |
| (a) | Where he/she discovers the fact that may do harm to the safety, health or security of seafarers; |
| (b) | Where there are grounds to believe that a shipowner has violated the standards of the Maritime Labor Convention remarkably as a result of inspection. |
| (2) | The scope of detailed inspections under paragraph (1) 2 shall be prescribed by Presidential Decree: Provided, That when a complaint has been lodged pursuant to paragraph (1) 1 (d), the scope of inspection shall be limited to the relevant complaint lodged. |
| (3) | Where it is revealed that the labor standards and living standards of seafarers do not conform to the standards of the Maritime Labor Convention based on the outcomes of detailed inspections under paragraph (1) 2, the Minister of Oceans and Fisheries shall take measures prescribed by Presidential Decree, such as notifying a flag state of such fact. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a ship falls under any of the following cases based on the outcomes of detailed inspections under paragraph (1) 2, the Minister of Oceans and Fisheries may order an embargo on the ship or lay an embargo on the ship: |
| 1. | Where a ship does harm to the safety, health, and security of seafarers clearly; |
| 2. | Where a ship violates the standards of the Maritime Labor Convention remarkably or repeatedly. |
| (5) | Where the Minister of Oceans and Fisheries conducts a disposition imposed under paragraph (4), he/she shall take measures prescribed by Presidential Decree, such as notifying a flag state of such disposition. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 134 (Procedures for Handling of Complaints by Seafarers in Foreign Ship) |
Where the Minister of Oceans and Fisheries receives a notification from a seafarer, etc. that a foreign ship at anchor or riding at moorings in a domestic port has violated the standards of the Maritime Labor Convention, he/she shall take measures prescribed by Presidential Decree, such as conducting an inspection pursuant to Article 132. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER XIV CERTIFICATE OF SUITABILITY TO MARITIME LABOR AND DECLARATION OF SUITABILITY TO MARITIME LABOR
| Article 135 (Scope of Application) |
The provisions of this Chapter shall apply to any of the following ships (excluding fishing vessels):
| 1. | A service ship the gross tonnage of which is not less than 500 tons and which is engaged on an international voyage; |
| 2. | A service ship the gross tonnage of which is not less than 500 tons and which sails between ports in another country; |
| 3. | In addition to ships falling under subparagraphs 1 and 2, a ship requested by a shipowner. |
| Article 136 (Keeping of Certificate of Suitability to Maritime Labor in Ship, etc.) |
| (1) | The owner of a ship falling under Article 135 shall keep a certificate of the suitability to maritime labor issued pursuant to Article 138 and a declaration of the suitability to maritime labor approved according to procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries in a ship, and post one copy each of them in a conspicuous place in the ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The form and content of a declaration of the suitability to maritime labor under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 137 (Inspection for Authentication of Certificate of Suitability to Maritime Labor) |
| (1) | Where the owner of a ship falling under Article 135 intends to be issued a certificate of the suitability to maritime labor pursuant to Article 138 (1), he/she shall undergo an inspection for authentication according to the following classifications: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The initial inspection for authentication: The initial inspection conducted to ascertain whether maritime labor meets the standards of this Act and the Maritime Labor Convention; |
| 2. | Inspection for renewal of authentication: An inspection conducted when the period of validity of a certificate of the suitability to maritime labor expires; |
| 3. | Interim inspection for authentication: An inspection conducted during the period prescribed by Ordinance of the Ministry of Oceans and Fisheries between the initial inspection and an inspection for renewal of authentication or between an inspection for renewal of authentication and inspection for renewal of authentication. |
| (2) | Specific standards of an inspection for authentication, such as the labor standards and living standards of seafarers, shall be prescribed by Presidential Decree. |
| (3) | Where a shipowner intends to use a ship for a voyage for reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as change of registry of a ship before undergoing the initial inspection for authentication under paragraph (1) 1, he/she shall undergo a temporary inspection for authentication. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where there are reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as main remodeling of residence facilities in a ship or arising of a labor dispute in a ship, the Minister of Oceans and Fisheries may conduct a special inspection for authentication. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the details of, procedures for and a method of an inspection for authentication under paragraphs (1), (3), and (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The owner of a ship falling under Article 135 shall not use a ship that fails to pass the relevant inspection for authentication for a voyage: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a trial cruise of a ship. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 138 (Issuance, etc. of Certificate of Suitability to Maritime Labor) |
| (1) | The Minister of Oceans and Fisheries shall issue a certificate of the suitability to maritime labor for a ship that has passed the initial inspection for authentication under Article 137 (1) 1 or an inspection for renewal of authentication under Article 137 (1) 2, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and enter the fact of such issuance in the book of issuance and make it available for public perusal. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Notwithstanding paragraph (1), where a foreign ship is issued a certificate of the suitability to maritime labor after undergoing the initial inspection for authentication or an inspection for renewal of authentication according to the standards equal to or higher than the standards of this Act by the government of a flag state or an agency designated by such government and keeps the valid certificate in a ship, the certificate of the suitability to maritime labor shall be deemed a certificate issued in accordance with this Act. |
| (3) | The Minister of Oceans and Fisheries shall indicate the outcomes of inspection on a certificate of the suitability to maritime labor issued pursuant to paragraph (1) for a ship that has passed an interim inspection for authentication under Article 137 (1) 3 or special inspection for authentication under paragraph (4) of the same Article, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall issue a temporary certificate of the suitability to maritime labor for a ship that has passed a temporary inspection for authentication under Article 137 (3), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The period of validity of a certificate of the suitability to maritime labor issued pursuant to paragraph (1) shall be prescribed by Presidential Decree within the extent of five years: Provided, That the period of validity of a temporary certificate of the suitability to maritime labor issued pursuant to paragraph (4) shall not exceed six months. |
| (6) | Matters necessary for a method of the calculation of the period of validity under paragraph (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | Where a shipowner fails to pass an interim inspection for authentication under Article 137 (1) 3, the effect of a certificate of the suitability to maritime labor issued pursuant to paragraph (1) shall be suspended until he/she passes such inspection. |
| (8) | Where it is discovered that a ship which has been issued a certificate of the suitability to maritime labor has failed to meet the standards under Article 137 (2) as a result of a special inspection for authentication, the Minister of Oceans and Fisheries may order a shipowner to take necessary corrective measures within a prescribed period, and where he/she fails to comply with such order, the Minister of Oceans and Fisheries may order him/her to return a certificate of the suitability to maritime labor. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 139 (Inspector for Authentication of Maritime Labor) |
The Minister of Oceans and Fisheries may appoint an inspector for authentication of maritime labor (hereinafter referred to as "inspector for authentication") who is to conduct the following affairs from among public officials under his/her jurisdiction who have relevant qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
| 2. | Affairs concerning approval of a declaration of the suitability to maritime labor under Article 136 (1); |
| 3. | Affairs concerning an inspection for authentication, temporary inspection for authentication and special inspection for authentication under Article 137 (1), (3) and (4); |
| 4. | Affairs concerning the issuance of a certificate of the suitability to maritime labor under Article 138. |
| Article 140 (Conduct of Inspection for Authentication, etc. as Agencies) |
| (1) | Where deemed necessary, the Minister of Oceans and Fisheries may have an agency designated by him/her conduct affairs provided for in subparagraphs 2 through 4 of Article 139 on his/her behalf. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with an agency designated (hereinafter referred to as "agency for inspection for authentication"), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for standards for designation of an agency for inspection for authentication, qualifications for a person who may be engaged in an inspection for authentication, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A person who intends to undergo an inspection for authentication, etc. by an agency for inspection for authentication pursuant to paragraph (1) shall pay a fee fixed by the relevant agency for inspection for authentication. |
| (4) | An agency for inspection for authentication shall obtain approval from the Minister of Oceans and Fisheries in fixing a fee under paragraph (3). The same shall also apply to changes to approved fees. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | An agency for inspection for authentication shall report to the Minister of Oceans and Fisheries regarding vicariously conducting of inspections for authentication, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Where an agency for inspection for authentication falls under any of the following cases, the Minister of Oceans and Fisheries may cancel its designation or suspend its business within a prescribed period of not exceeding six months: Provided, That where it falls under subparagraphs 1 and 6, he/she shall cancel its designation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where it obtains designation by fraudulent or other unlawful means; |
| 2. | Where it fails to meet the standards for designation of an agency for inspection for authentication; |
| 3. | Where it is deemed incapable of conducting business concerning the inspection for authentication; |
| 4. | Where it collects fees without obtaining approval of fees or approval for the change thereof, in violation of paragraph (4); |
| 5. | Where it fails to report on conducting of vicarious inspections for authentication, in violation of paragraph (5); |
| 6. | Where it continues to conduct a vicarious inspection for authentication during the period of suspension after having been subjected to disposition of the suspension of business. |
| (7) | Procedures for imposing disposition, etc., such as the suspension of business under paragraph (6), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (8) | Where the Minister of Oceans and Fisheries intends to cancel designation of an agency for inspection for authentication pursuant to paragraph (6), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 141 (Filing of Objections) |
| (1) | A person dissatisfied with an inspection for authentication may file an objection against the Minister of Oceans and Fisheries along with a statement of the reason therefor within 30 days after receipt of the written notification regarding the outcomes of the inspection. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where an objection is filed under paragraph (1), the Minister of Oceans and Fisheries shall take necessary measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for filing objections under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER XV KOREA SEAFARER'S WELFARE AND EMPLOYMENT CENTER
| Article 142 (Incorporation) |
| (1) | The Minister of Oceans and Fisheries shall incorporate the Korea Seafarer's Welfare and Employment Center (hereinafter referred to as the "Center") in order to improve seafarers' welfare, facilitate their employment, and enhance their job security. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Center shall be a corporation. |
| (3) | The Center shall come into existence by registering its incorporation at the seat of its principal office. |
| (4) | Where the Center intends to amend its articles of association, it shall obtain approval thereof from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (1) | The Center shall do the following business: |
| 1. | The establishment and operation of seafarer's welfare facilities; |
| 2. | The collection, analysis and provision of information regarding current job openings and information on seafarers' employment at home and abroad; |
| 3. | Registration of job seeking and job offers for seafarers; |
| 4. | Activities for employment security of seafarers entrusted by the State; |
| 5. | Business related to seafarers entrusted by the State, a local government, other public organization, or private organization; |
| 6. | Business incidental to the business provided for in subparagraphs 1 through 5. |
| (2) | The Center may conduct profit-making projects related to the business under paragraph (1), as necessary to achieve the purposes thereof with approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Articles 144 (Executive Officers) |
| (1) | The Center shall have not more than 13 directors including one chairperson and one auditor as executive officers. |
| (2) | Directors excluding the chairperson and the auditor shall be non-standing. |
| (3) | The chairperson and the auditor shall be elected by the board of directors, as prescribed by the articles of association, with approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Qualifications, election, term of office, and duties of executive officers and other necessary matters shall be prescribed by the articles of association. |
| Article 145 (Board of Directors) |
| (1) | The board of directors shall be established in the Center to deliberate on and resolve important matters concerning affairs of the Center. |
| (2) | Matters necessary for the board of directors shall be prescribed by the articles of association. |
| Article 146 (Lease, etc. of State Property) |
| (1) | Notwithstanding the State Property Act, where the State deems it necessary for the Center to engage in its activities efficiently, the State may lease State property to the Center, or let the Center gratuitously use or profit from State property. |
| (2) | Matters necessary for lease, use or profit under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 147 (Approval, etc. of Operational Plan) |
| (1) | The business year of the Center shall follow the fiscal year of the Government. |
| (2) | The Center shall prepare an operational plan and a budget statement for every fiscal year with approval thereof from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall also apply to changes thereto. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Center shall submit the business performance and the settlement of accounts audited by a certified public accountant or accounting corporation for every fiscal year to the Minister of Oceans and Fisheries by the end of February of the next year. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 148 (Direction and Supervision) |
| (1) | Where deemed necessary, the Minister of Oceans and Fisheries may require the Center to report matters concerning its affairs, accounting, and property, or require a public official under his/her jurisdiction to inspect books, documents, facilities and other articles of the Center. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Center falls under any of the following cases as a result of the reporting or inspection under paragraph (1), the Minister of Oceans and Fisheries may request the Center to take corrective measures or other necessary measures: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the Center has executed the budget differently from an approved business plan; |
| 2. | Where the Center has executed the budget in violation of statutes and regulations related to accounting; |
| 3. | Where the Center has conducted a profit-making project without having obtained approval, in violation of Article 143 (2). |
| Article 149 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise provided in this Act, the provisions concerning incorporated foundations of the Civil Act shall apply mutatis mutandis to the Center.
| Article 150 (Legal Fiction as Public Official in Application of Penalty Provisions) |
CHAPTER XVI SUPPLEMENTARY PROVISIONS
| Article 151 (Posting of Notice in Ships, etc.) |
| (1) | A shipowner prescribed by Presidential Decree shall post the following documents in a conspicuous place in a ship, as prescribed by Presidential Decree: |
| 1. | Documents describing a collective agreement and the rules of employment; |
| 2. | Documents describing the procedures for repatriation, whether relief-from-abandonment insurance, etc. has been purchased, the procedures for claiming and paying the expenses incurred in relief from abandonment, and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | Documents describing whether insurance guaranteeing wage claims prescribed in Article 56 has been purchased, the procedures for claiming and paying wages in arrears, and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Documents describing whether accident compensation insurance, etc. has been purchased, the procedures for claiming and paying insurance money, and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A shipowner prescribed by Presidential Decree shall keep the following documents in a ship: |
| 1. | Documents describing this Act and the orders issued under this Act; |
| 2. | A copy of a seafarer labor contract prepared pursuant to Article 43 (1); |
| 3. | Documents describing matters concerning the labor standards and living standards of seafarers prepared in Korean and English as prescribed by the Minister of Oceans and Fisheries. |
[This Article Wholly Amended by Act No. 14508, Dec. 27, 2016]
| Article 152 (Prohibition of Transfer or Foreclosure) |
The right to receive an unemployment allowance, retirement allowance, expenses for repatriation, repatriation allowance, expenses incurred in relief from abandonment, or accident compensation shall not be subject to transfer or foreclosure. <Amended by Act No. 14508, Dec. 27, 2016>
| Article 152-2 (Preferential Payment of Wage Claims, etc.) |
| (1) | Any of the following claims shall be paid in preference to taxes, public charges, or other claims except for pledges or mortgages, or claims secured by the security rights prescribed in the Act on Security over Movable Property and Claims on the whole property of a shipowner: Provided, That this shall not apply to taxes and public charges which take precedence over the said pledges, mortgages, or the security rights prescribed in the Act on Security over Movable Property and Claims: |
| 2. | Retirement allowances provided for in Article 55; |
| 3. | Expenses for medical treatment, compensation for medical treatment or funeral expenses provided for in Articles 94 through 102; |
| 4. | Other claims arising from the labor relations of seafarers. |
| (2) | Notwithstanding paragraph (1), any of the following claims shall be paid in preference to pledges or mortgages, or claims secured by the security rights prescribed in the Act on Security over Movable Property and Claims on the whole property of a shipowner, taxes, public charges, and other claims: |
| 1. | The wages of the latest four months prescribed in Article 52; |
| 2. | The retirement allowances for the latest four years prescribed in Article 55; |
[This Article Newly Inserted by Act No. 14508, Dec. 27, 2016]
| Article 153 (Retainment of Documents) |
A shipowner shall retain the list of seafarers, a seafarer labor contract, the rules of employment, the payroll and documents concerning accident compensation, etc. for three years from the date when they are prepared.
| Article 154 (Cooperation with Foreign Government) |
Where a foreign government takes legal proceedings against a shipowner or seafarer of the Republic of Korea for any of the following reasons, the Minister of Oceans and Fisheries shall cooperate therewith, as prescribed by the International Convention on Watchkeeping of Seafarers: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Where a shipowner or captain has a seafarer work on board without a certificate of qualifications required by the International Convention on Watchkeeping of Seafarers; |
| 2. | Where the relevant captain allows a person holding no certificate of seafarer qualifications to perform duties that should be performed by a person holding an appropriate certificate of seafarer qualifications according to the International Convention on Watchkeeping of Seafarers; |
| 3. | Where a person does not hold an appropriate certificate of seafarer qualifications according to the International Convention on Watchkeeping of Seafarers and works on board by fraudulent or other unlawful means, in order to perform duties that should be performed by a person who holds such certificate of seafarer qualifications. |
| (1) | A person who intends to apply for issuance, official approval, inspection for authentication, etc. of a certificate under this Act, or an examination for a cook on a ship or a person in charge of medical services under Article 76 (2) or Article 85 (3) shall pay a fee prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13000, Jan. 6, 2015> |
| (2) | Notwithstanding paragraph (1), when a shipowner obtains official approval for boarding and leaving a ship through the Internet pursuant to Article 44, the payment of a fee may be remitted. <Newly Inserted by Act No. 13000, Jan. 6, 2015> |
| Article 156 (Special Cases on Prescription) |
A claim of a seafarer on a shipowner (including a claim for accident compensation) shall lapse by prescription unless he/she fails to exercise his/her claim for three years.
| Article 157 (Application to State or Local Government) |
This Act or an order under this Act shall also apply to the State or a local government, except for matters prescribed by Presidential Decree.
| Article 158 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may delegate part of his/her authority under this Act to the head of an agency under his/her jurisdiction or entrust part of his/her authority under this Act to the Korea Institute of Maritime and Fisheries Technology, the Center, or an institution prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A corporation entrusted with business pursuant to paragraph (1) may collect fees related to entrusted affairs, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 159 (Electronic Processing of Civil Petitions, etc.) |
CHAPTER XVII PENALTY PROVISIONS
| Article 160 (Penalty Provisions) |
Where a captain abuses his/her authority to force a seaman or a person in a ship to do work that he/she has no duty to engage in or to prevent a seaman or a person in a ship from exercising his/her right, the captain shall be punished by imprisonment with labor for not less than one year but not more than five years.
| Article 161 (Penalty Provisions) |
Any person who violates Article 11 shall be punished in accordance with the following classifications: | 1. | A captain who fails to take all measures necessary for the rescue of human lives or who leaves a ship without taking all necessary measures, which results in a person's death: Imprisonment with labor for an indefinite term or for a term of not less than three years; |
| 2. | A seaman who fails to take all measures necessary for the rescue of human lives or who leaves a ship without taking all necessary measures, which results in person's death: Imprisonment with labor for a term of not less than three years; |
| 3. | A seafarer who fails to take all measures necessary for the rescue of human lives or who leaves a ship without taking all necessary measures, which results in bodily injury: Imprisonment with labor for a term of not less than one year but not more than five years; |
| 4. | A seafarer who fails to take all measures necessary for the rescue of a ship and cargoes, which results in damage to a ship or cargoes: Imprisonment with labor for not more than one year or a fine not exceeding ten million won. |
[This Article Wholly Amended by Act No. 13000, Jan. 6, 2015]
| Article 162 (Penalty Provisions) |
Any person who violates the main sentence of Article 12 shall be punished in accordance with the following classifications: | 1. | A captain who fails to take all measures necessary for the rescue of human lives, which results in a person's death: Imprisonment with labor for an indefinite term or for a term of not less than three years; |
| 2. | A captain who fails to take all measures necessary for the rescue of human lives, which results in bodily injury: Imprisonment with labor for a term of not less than one year but not more than five years; |
| 3. | A captain who fails to take all measures necessary for the rescue of a ship: Imprisonment with labor for not more than one year or a fine not exceeding ten million won. |
[This Article Wholly Amended by Act No. 13000, Jan. 6, 2015]
| Article 163 (Penalty Provisions) |
Where a captain falls under any of the following, he/she shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won: <Amended by Act No. 13000, Jan. 6, 2015>
| 1. | Where he/she fails to take all necessary measures for the rescue of human lives, in violation of Article 13; |
| 2. | Where he/she abandons a ship; |
| 3. | Where he/she abandons a seaman in a foreign country. |
| Article 164 (Penalty Provisions) |
Where a captain falls under any of the following, he/she shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won: <Amended by Act No. 13000, Jan. 6, 2015>
| 1. | Where he/she violates a duty to conduct an inspection, etc. before the departure from a port as required under Article 7 (1); |
| 1-2. | Where he/she fails to file a report prescribed in Article 7 (2) or files a false report; |
| 1-3. | Where he/she fails to make a request for measures prescribed in Article 7 (3); |
| 2. | Where he/she changes the planned sea route, in violation of Article 8; |
| 3. | Where he/she fails to command the direct steering of a ship, in violation of Article 9 (1); |
| 4. | Where he/she leaves a ship, in violation of Article 10; |
| 5. | Where he/she violates a duty to secure the safety of a voyage under Article 16; |
| 6. | Where he/she buries a body at sea, in violation of Article 17; |
| 7. | Where he/she refuses the repatriation of a citizen of the Republic of Korea in violation of Article 19 (1); |
| 8. | Where he/she falsely prepares and keeps documents under the subparagraphs of Article 20 (1); |
| 9. | Where he/she files a false report under Article 21; |
| 10. | Where he/she refuses a seafarer's request for medical treatment of an injury or disease, in violation of Article 82 (6). |
| Article 165 (Penalty Provisions) |
| (1) | Where a seaman uses violence to or threatens his/her superior while performing his/her duties, he/she shall be punished by imprisonment with labor for not more than three years or a fine of not exceeding 30 million won. <Amended by Act No. 13000, Jan. 6, 2015> |
| (2) | A person who goes on a strike in violation of Article 25 shall be punished according to the following classifications: |
| 1. | A person who leads a strike or plays a leading role: Imprisonment with labor for not more than three years; |
| 2. | A person who actively participates in conference for a strike or instigates a strike: Imprisonment with labor for not more than one year or a fine of not exceeding ten million won. |
| (3) | In cases falling under paragraph (2), where a person goes on the relevant strike by reason that a shipowner (including his/her agent) violates statutes and regulations against the interests of seafarers or violates a seafarer labor contract without a justifiable reason, he/she shall not be punished. |
| Article 166 (Penalty Provisions) |
Where a seaman falls under any of the following, he/she shall be punished by imprisonment with labor for not more than one year:
| 1. | Where he/she leaves a ship without a captain's permission where a ship is in critical danger; |
| 2. | Where he/she fails to obey an official order of his/her senior where a captain takes necessary measures for the rescue of human lives, a ship, or cargoes in accordance with Articles 11 through 13. |
| Article 167 (Penalty Provisions) |
Where a shipowner or seafarer falls under any of the following, he/she shall be punished by imprisonment with labor for not more than five years or a fine not exceeding 50 million won: <Amended by Act No. 13000, Jan. 6, 2015>
| 1. | Where a shipowner cancels a seafarer labor contract in violation of Article 32 (1), or takes disciplinary measures such as temporary retirement, suspension from duty, reduction of wages, and other discipline; |
| 2. | Where a shipowner cancels a seafarer labor contract, in violation of Article 32 (2); |
| Article 168 (Penalty Provisions) |
| (1) | Where a shipowner (in cases falling under subparagraph 5, including a person other than a shipowner) falls under any of the following, he/she shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won: <Amended by Act No. 13000, Jan. 6, 2015> |
| 1. | Where he/she violates Article 52 (1) through (4); |
| 2. | Where he/she fails to pay monthly fixed wages, a production allowance or percentage wages in violation of Article 57 (1) or (3); |
| 3. | Where he/she fails to pay an overtime allowance in violation of Article 62 (1) or (2); |
| 4. | Where he/she violates Article 91 (2) or (4) through (6); |
| 5. | Where he/she receives money and other valuables or other benefits from a seafarer or person who intends to be a seafarer in relation to job placement, recruitment and employment, in violation of Article 111. |
| (2) | With regard to the penalty provisions under paragraph (1) 1 through 3, a public prosecutor shall not institute a public action against an intention clearly expressed by a victim. |
| Article 169 (Penalty Provisions) |
Where a shipowner fails to pay not less than the minimum amount of wages determined by the Minister of Oceans and Fisheries pursuant to Article 59, he/she shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13000, Jan. 6, 2015>
| Article 170 (Penalty Provisions) |
Where a shipowner falls under any of the following, he/she shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won: <Amended by Act No. 11141, Dec. 31, 2011; Act No. 13000, Jan. 6, 2015>
| 1. | Where he/she enters into a contract that stipulates for compulsory savings, etc., in violation of Article 30; |
| 2. | Where he/she fails to pay not less than 30 days' ordinary wages, in violation of Article 33 (1); |
| 3. | Where he/she fails to pay a retirement allowance, in violation of Article 55 (1) or (5); |
| 4. | Where he/she fails to grant paid leave, in violation of Article 62 (5); |
| 5. | Where he/she fails to grant paid leave, in violation of Article 69 (1) or (4); |
| 6. | Where he/she fails to pay a paid leave allowance, in violation of Article 73 (1) or (2); |
| 7. | Where he/she fails to grant paid leave to a seafarer of a fishing vessel, in violation of Article 74 (1); |
| 8. | Where he/she employs a person under 16 years of age as a seafarer, in violation of Article 91 (1); |
| 9. | Where he/she has a seafarer under 18 years of age engage in night work, in violation of Article 92 (1); |
| 10. | Where he/she does not allow a seafarer to take medical treatment or fails to reimburse expenses incurred in medical treatment, in violation of Article 94 (1); |
| 11. | Where he/she fails to reimburse expenses incurred in medical treatment, in violation of Article 94 (2) (limited to cases that do not fall under paragraph (3) of the same Article), fails to reimburse expenses that should be borne by a seafarer who receives medical treatment pursuant to Article 44 of the National Health Insurance Act or reimburse expenses incurred in medical treatment; |
| 12. | Where he/she fails to make injury and disease compensation, in violation of Article 96 (1) or (2); |
| 13. | Where he/she fails to make compensation for disability, in violation of Article 97; |
| 14. | Where he/she fails to make compensation for the bereaved family, in violation of Article 99 (1) or (2); |
| 15. | Where he/she fails to reimburse funeral expenses, in violation of Article 100; |
| 16. | Where he/she fails to make compensation for unknown whereabouts, in violation of Article 101; |
| 17. | Where he/she cancels a seafarer labor contract or treats a seaman unfavorably, in violation of Article 129 (2). |
| Article 171 (Penalty Provisions) |
A person who conducts a job placement service for seafarers, in violation of Article 110, shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won. <Amended by Act No. 13000, Jan. 6, 2015>
| Article 172 (Penalty Provisions) |
Where a shipowner violates Article 7 (4) or 82 (1) through (3), he/she shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won. <Amended by Act No. 13000, Jan. 6, 2015>
| Article 173 (Penalty Provisions) |
| (1) | Where a shipowner, relief-from-abandonment insurer, etc., or accident insurer, etc. falls under any of the following, he/she shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won: <Amended by Act No. 14508, Dec. 27, 2016> |
| 1. | Where he/she fails to give an unemployment allowance, in violation of Article 37; |
| 2. | Where he/she fails to repatriate a seafarer, in violation of Article 38 (1); |
| 3. | Where he/she requests a seafarer to reimburse expenses for repatriation in advance, in violation of Article 38 (4); |
| 4. | Where he/she fails to give a repatriation allowance, in violation of Article 39; |
| 5. | Where he/she fails to subscribe to relief-from-abandonment insurance, etc., in violation of Article 42-2 (1); |
| 5-2. | Where he/she fails to pay expenses incurred in relief from abandonment within a set period, in violation of Article 42-2 (4) without just cause; |
| 6. | Where he/she fails to pay wages to a seafarer during his/her injury or illness while working on board, in violation of Article 54; |
| 7. | Where he/she fails to take out insurance or become a member of mutual aid, or create a fund that may guarantee the payment of wages in arrears to seafarers, in violation of Article 56 (1); |
| 8. | Where he/she fails to have a seafarer with relevant qualifications work on board, in violation of Article 64 (1) through (4); |
| 9. | Where he/she fails to obtain approval of the complement in violation of Article 65 (1), or fails to have the complement work on board or fill a vacancy, in violation of paragraph (3) of the same Article; |
| 10. | Where he/she violates qualifications for and the complement of seafarers under Article 66; |
| 10-2. | Where he/she has a person who fails to meet the standards for the aptitude examination work on board as the captain of a passenger ship, in violation of Article 66-2 (2); |
| 11. | Where he/she fails to secure reserve seafarers, in violation of Article 67 (1) or fails to pay wages to reserve seafarers, in violation of paragraph (2) of the same Article; |
| 12. | Where he/she fails to provide meals in a ship under Article 76 (1), or fails to have a cook work on board a ship, in violation of paragraph (2) of the same Article; |
| 13. | Where he/she fails to have a doctor work on board, in violation of Article 84; |
| 14. | Where he/she fails to employ a person in charge of medical service in a ship in violation of Article 85 (1), or fails to select and appoint a seafarer holding a license as a person in charge of medical service as a manager of medical service, in violation of paragraph (2) of the same Article; |
| 15. | Where he/she fails to employ a person in charge of first aid in a ship in violation of Article 86 (1) or fails to select and appoint a seafarer who has completed education on first aid as a person in charge of first aid, in violation of paragraph (2) of the same Article; |
| 16. | Where he/she fails to make compensation for loss of belongings, in violation of Article 102; |
| 17. | Where he/she fails to subscribe to accident compensation insurance, etc. that guarantees full accident compensation in violation of Article 106 (1) or purchases accident compensation insurance, etc. that pays insurance money less than the average amount of boarding wages, in violation of paragraph (2) of the same Article; |
| 18. | Where he/she fails to pay accident compensation within a set period, in violation of Article 106 (4) without just cause. |
| (2) | With regard to the penalty provisions under paragraph (1) 6 and 11, a public prosecutor shall not institute a public action against an intention expressed clearly by a victim. |
| Article 174 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won:
| 1. | A person who reports a seafarer labor contract under Article 43 (1) by fraudulent or other unlawful means; |
| 2. | A person who is issued a seaman's pocket ledger, or is issued a seafarer's identity document or receives a revision thereon by fraudulent or other unlawful means; |
| 3. | A person who is lent or uses a seaman's pocket ledger or seafarer's identity document of another; |
| 4. | A person who uses a seaman's pocket ledger or seafarer's identity document unlawfully or lends it to another, in violation of Article 50; |
| 5. | A person who disobeys an order for the suspension of a voyage, in violation of the former part of Article 124 (2), or an order for embargo, in violation of Article 133 (4). |
| Article 175 (Penalty Provisions) |
| (1) | Where a shipowner violates Article 27 (1), 53, 91 (3), or 93, he/she shall be punished by a fine not exceeding ten million won. |
| (2) | With regard to the penalty provisions under Article 53, a public prosecutor shall not institute a public action against an intention expressed clearly by a victim. |
| Article 176 (Penalty Provisions) |
Where a person who is or was a seafarers’ labor supervisor violates Article 128 (1), he/she shall be punished by a fine not exceeding 10 million won. <Amended by Act No. 13000, Jan. 6, 2015>
| Article 177 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 16281, Jan. 15, 2019>
| 1. | A shipowner who enters into a contract that stipulates for a penalty, etc. in advance, in violation of Article 29; |
| 2. | A shipowner who offsets a seafarer’s wages against his/her wages in advance or subleased claims in violation of Article 31; |
| 3. | A shipowner who fails to prepare or report a seafarer labor contract or fails to give one copy of a seafarer labor contract to a seafarer, in violation of Article 43; |
| 4. | A shipowner who fails to prepare the rules of employment or prepares and reports the rules of employment falsely, in violation of Article 119 (1); |
| 5. | A shipowner who fails to prepare the rules of employment in accordance with procedures for preparing the rules of employment, in violation of Article 120 (1); |
| 5-2. | A shipowner who fails to prepare or comply with the rules of employment, in violation of Article 120-2; |
| 6. | A person who fails to obey an order to change the rules of employment, in violation of Article 121; |
| 7. | A shipowner who uses a ship that has failed to pass an inspection for authentication for a voyage, in violation of Article 137 (6); |
| 8. | A shipowner who fails to return a certificate of the suitability to maritime labor under Article 138 (8), in violation of an order to return the same; |
| 9. | A person who fails to keep documents for three years in violation of Article 153. |
| Article 178 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, an employee or any other employed person of a corporation or individual commits any offense prescribed in Articles 167 through 170, 172, 173, subparagraph 1 or 2 of Article 174, or Article 175 or 177 with respect to business affairs of the corporation or individual, not only shall the offender be punished but the corporation or individual shall be punished by a fine pursuant to the relevant provisions: Provided, That this shall not apply where the corporation or individual has not neglected to pay due attention to and supervise the relevant affairs in order to prevent such offenses. [This Article Wholly Amended by Act No. 14508, Dec. 27, 2016]
| Article 179 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 13000, Jan. 6, 2015> |
| 1. | A captain who fails to conduct emergency drills referred to in Article 15 (1); |
| 2. | A captain who fails to inform passengers of the matters that they need to remember in preparation for an emergency required under Article 15 (2); |
| 3. | A captain who causes any inconvenience to seamen's break time when conducting emergency drills, in violation of Article 15 (3); |
| 4. | A shipowner who fails to conduct his/her duties prescribed in Article 63 (1); |
| 5. | A shipowner who fails to provide uniforms to seafarers, in violation of Article 82 (7); |
| 6. | A seafarer who files a false report referred to in Article 129 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 13000, Jan. 6, 2015; Act No. 14508, Dec. 27, 2016; Act No. 15129, Nov. 28, 2017> |
| 1. | A person who fails to report under the main sentence of Article 12 or the main sentence of Article 14, or fails to take measures under Article 18; |
| 3. | A person who fails to retain documents under Article 20 (1); |
| 5. | A person who fails to report under Article 23 (1); |
| 5-2. | A relief-from-abandonment insurer, etc. who fails to report the matters specified in the subparagraphs of Article 42-4 (2) to the Minister of Oceans and Fisheries in violation of the same paragraph; |
| 6. | A person who fails to enter the names of seafarers on board in the list of seafarers, in violation of Article 44 (2), or fails to obtain official approval of the list of seafarers, in violation of Article 44 (3); |
| 7. | A shipowner who fails to keep a logbook related to working hours, time to rest and overtime work, or fails to have a captain enter matters concerning working hours, etc, in the book, in violation of Article 62 (3); |
| 8. | Deleted; <by Act No. 13000, Jan. 6, 2015> |
| 9. | A shipowner who provides differential meals in violation of the latter part of Article 77 (1); |
| 10. | A shipowner who fails to immediately report an accident that occurs to a seafarer during his/her service to the competent maritime affairs and port authorities in violation of Article 82 (4); |
| 12. | A shipowner who has a person without a certificate of medical examination work on board as a seafarer in violation of Article 87 (1); |
| 12-2. | An accident insurer, etc. who fails to report the matters specified in the subparagraphs of Article 106-2 (2) to the Minister of Oceans and Fisheries in violation of the same paragraph; |
| 13. | A person who fails to report entrustment of a seafarer management business and a change in the details thereof in violation of Article 112 (4); |
| 14. | A person who fails to report the rules of employment in violation of Article 119 (1); |
| 15. | A person who fails to comply with a request for attendance, who refuses, evades or interferes with access to a ship or place of business, who disobeys an order to submit books or documents, who submits a false book or document or who makes a false statement under Article 126 (1); |
| 16. | A person who fails to post an on-board complaint procedure required by Article 129 (4) or (5), or who posts an on-board complaint procedure in violation of Article 129 (4) or (5). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 13000, Jan. 6, 2015> |
| 1. | A shipowner who fails to keep a payroll or fails to enter matters, etc. that form the basis for calculation of wages in a payroll whenever he/she pays wages in violation of Article 58; |
| 2. | A seafarer who fails to wear a uniform, in violation of Article 83 (3), without good cause. |
| (4) | The competent maritime affairs and port authorities shall impose and collect administrative fines referred to in paragraphs (1) through (3), as prescribed by Presidential Decree. |
| Article 180 (Application to Person Acting as Captain) |
The provisions of this Chapter that shall apply to a captain shall also apply to a person who acts as a captain.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the following matters shall enter into force on the date fixed according to the following classifications:
| 1. | The amended provisions of Article 76 (2) shall enter into force three years after this Act enters into force; |
| 2. | The amended provisions of subparagraph 1 of Article 2, the proviso to Article 9, Articles 27 (2), 41, 42, 43 (1), 54, 60 through 62, 68, 69, 75, 78 through 81, 83, 88, 89, 106, 107, 113, 114, 123, 129, 132 through 134, and 151 shall enter into force on the date when the Maritime Labor Convention comes into effect in the Republic of Korea; |
| 3. | The amended provisions of Articles 136 and 137 (6) shall enter into force one year after the Maritime Labor Convention comes into effect in the Republic of Korea: Provided, That the provisions concerning passenger ships and bulk cargo ships shall enter into force on the date when the Maritime Labor Convention comes into effect in the Republic of Korea. |
Article 2 (Transitional Measures concerning Enforcement Date)
Before the amended provisions of subparagraph 1 of Article 2, Articles 54, 60, 62, 68, 69, 75, 76 (2), 106, 129, 132, and 151 enter into force pursuant to the proviso to Article 1 of the Addenda, the previous subparagraph 1 of Article 3, Articles 50, 55, 60, 66, 67, 73, 74 (2), 98, 114, 119, and 123 corresponding thereto shall apply. Article 3 (Prior Preparations for Issuance of Certificate of Suitability to Maritime Labor)
| (1) | In preparation for the effectuation of the Maritime Labor Convention before this Act enters into force, the Minister of Land, Transport and Maritime Affairs may conduct matters prescribed in the following subparagraphs in advance before this Act enters into force: |
| 1. | Designation of an agency for inspection for authentication and the conclusion of an agreement therefor under the amended provisions of Article 140 (1); |
| 2. | Inspection for authentication of a certificate of the suitability to maritime labor under the amended provisions of Article 137 and the issuance of a certificate of the suitability to maritime labor under the amended provisions of Article 138 (1). |
| (2) | All kinds of administrative disposition conducted and preparations made pursuant to paragraph (1) shall be deemed to have been conducted and made in accordance with this Act. |
Article 4 (Transitional Measures concerning Seafarer Labor Contract)
The former provisions shall apply to wages to be paid, a retirement allowance to be given, allowance to be given, expenses for repatriation to be reimbursed, paid leave allowance to be given or accident compensation to be made to seafarers by a shipowner for reasons that arise before this Act enters into force.
Article 5 (Transitional Measures concerning Reporting, Approval or Certificate of Qualifications)
| (1) | A person who has reported or obtained authorization or approval, etc. in accordance with the former provisions at the time this Act enters into force shall be deemed to have reported or obtained authorization or approval, etc. in accordance with this Act. |
| (2) | A seafarer who holds a license or a certificate of medical examination, or has received education and training for seafarers in accordance with the former provisions at the time this Act enters into force shall be deemed to hold a license or a certificate of medical examination, or to have received education and training for seafarers. |
Article 6 (General Transitional Measures concerning Disposition, etc.)
An act by an administrative agency or in relation to an administrative agency under the former provisions at the time this Act enters into force shall be deemed an act by an administrative agency or in relation to an administrative agency under this Act corresponding thereto.
Article 7 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
In applying the penalty provisions or the provisions on administrative fines to an act done before this Act enters into force, the former provisions shall apply.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes and Regulations)
Any citation of provisions of the previous Seafarers’ Act by other statutes and regulations as at the time this Act enters into force shall be deemed a citation of any corresponding provision hereof in lieu of the previous provisions, if such corresponding provision exists herein.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 11188, Jan. 17, 2012>
This Act shall enter into force on February 5, 2012.
ADDENDA <Act No. 11270, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 12538, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13000, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Seafarer Welfare Master Plans, etc.)
Any seafarer welfare master plan or plan for the supply of and demand for human resources for seafarers existing as at the time when this Act enters into force shall be deemed to be the basic plans for the relevant fields of a seafarer policy master plan under the amended provisions of Article 107.
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14508, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 18, 2017.
Article 2 (Applicability to Purchase of Relief-from-Abandonment Insurance, etc.)
The amended provisions of Article 42-2 shall apply to the owners of ships departing from a port after this Act enters into force. Article 3 (Applicability to Posting of Documents concerning Relief-from-Abandonment Insurance, etc.)
The amended provisions of Article 151 (1) shall apply to the owners of ships departing from a port after this Act enters into force. Article 4 (Applicability to Preferential Payment of Wage Claims, etc.)
The amended provisions of Article 152-2 (2) shall also apply to wage claims and retirement allowance claims that arise before this Act enters into force: Provided, That Article 38 (2) of the Labor Standards Act and Article 12 (2) of the Act on the Guarantee of Workers' Retirement Benefits shall apply to the relationship between the payment of wage claims and retirement allowance claims that arise before this Act enters into force and the payment of the following claims that arise before this Act enters into force: | 3. | Taxes and public charges which take precedence over the pledges or mortgages, or claims secured by the security rights prescribed in the Act on Security over Movable Property and Claims. |
Article 5 (Transitional Measures concerning Repatriation Insurance)
Notwithstanding the amended provisions of Article 40, the former provisions shall apply to the owners of ships on voyage after departing from a port before this Act enters into force until such ships arrive at the port of their destination. Article 6 (Transitional Measures concerning Posting of Documents on Repatriation)
Notwithstanding the amended provisions of Article 41, the former provisions shall apply to the owners of ships on voyage after departing from a port before this Act enters into force until such ships arrive at the port of their destination. Article 7 (Transitional Measures, etc. concerning Payment Coverage of Insurance Guaranteeing Wage Claims, etc.)
| (1) | Notwithstanding the amended provisions of Article 56 (2) 1, the former provisions shall apply to the coverage of payment of wages that any of the following seafarers fails to receive: |
| 1. | Seafarers who retire before this Act enters into force: |
| 2. | Seafarers who fail to receive wages for a service period of up to three months after this Act enters into force, among those who retire after this Act enters into force. |
| (2) | The amended provisions of Article 56 (2) 1 shall apply to the coverage of payment of wages that seafarers who retire after this Act enters into force fail to receive for a service period of more than three months but less than four months after this Act enters into force: Provided, That the foregoing shall apply only to wages that such seafarers fail to receive after this Act enters into force. |
| (3) | Notwithstanding the amended provisions of Article 56 (2) 2, the former provisions shall apply to the coverage of payment of retirement allowances that seafarers who retire before this Act enters into force fail to receive. |
Article 8 (Transitional Measures concerning Penalty Provisions)
The former penalty provisions shall apply to any offence committed before this Act enters into force.
ADDENDUM <Act No. 14803, Apr. 18, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the enforcement dates of which have not yet arrived, from among the Acts amended under Article 5 of this Addenda, shall enter into force on the respective enforcement date of the relevant Act. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15129, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Posting of Documents on On-board Complaint Procedure)
Notwithstanding the amended provisions of Article 129 (4) or (5), the former provisions shall apply to the owner of a ship under sail before this Act enters into force, until such ship enters the port of destination.
ADDENDUM <Act No. 15914, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16281, Jan. 15, 2019>
This Act shall enter into force six months after the date of its promulgation.