SEAFARERS ACT
Wholly Amended by Act No. 11024, Aug. 4, 2011
Amended by Act No. 11141, Dec. 31, 2011
Act No. 11188, Jan. 17, 2012
Act No. 11270, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11862, jun. 4, 2013
Act No. 12538, Mar. 24, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13000, Jan. 6, 2015
Act No. 13186, Feb. 3, 2015
Act No. 14508, Dec. 27, 2016
Act No. 14803, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15129, Nov. 28, 2017
Act No. 15914, Dec. 11, 2018
Act No. 16281, Jan. 15, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17032, Feb. 18, 2020
Act No. 18286, jun. 15, 2021
Act No. 18425, Aug. 17, 2021
Act No. 18697, Jan. 4, 2022
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 conditions of employment, employment security, welfare, education, training of seafarers, etc.
The terms used in this Act shall be defined as follows: <Amended on Mar. 23, 2013; Mar. 24, 2014; Dec. 27, 2016; Apr. 18, 2017; Feb. 18, 2020>
| 1. | The term "seafarer" means a person who is employed to provide labor on a ship to which this Act applies: Provided, That those prescribed by Presidential Decree shall be excluded herefrom; |
| 2. | The term "shipowner" means the owner of a ship, a ship manager who is entrusted with the responsibility for the operation of a ship by the owner of a ship and agrees to take over the rights, responsibility, and obligations of a shipowner under this Act, his or her agent, a ship bareboat charterer, etc.; |
| 3. | The term "master" means a seafarer who directs and supervises crews and takes the responsibility for the operation and management of a ship; |
| 4. | The term "crew" means a seafarer working on a ship except a master; |
| 5. | The term "officer" means a mate, chief engineer, engineer, electro-technical officer, chief radio operator, radio operator, chief operating officer, and operating officer as defined in subparagraph 3 of Article 2 of the Ship Personnel Act, and other crews prescribed by Presidential Decree; |
| 6. | The term "rating" means a crew other than officers; |
| 6-2. | The term "able rating" means a rating who meets the qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries, among those working as watchkeeping ratings 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 "seagoing ship" means a ship other than ships navigating 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 "seafarers' employment agreement" means an agreement reached for the purpose that a seafarer goes onboard and provides a shipowner with his or 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 onboard wages" means the amount given by dividing the total amount of wages paid to a seafarer in the period of his or 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 or her boarding: Provided, That where this amount is smaller than the amount of ordinary wages, ordinary wages shall be deemed the average onboard wages; |
| 13. | The term "monthly fixed pay" means that the owner of a fishing vessel pays a fixed amount monthly to a fishers as wages; |
| 14. | The term "production allowance" means the amount paid to fishers 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 seafarers' employment agreement, as wages paid to fishers in addition to a monthly fixed pay; |
| 15. | The term "pro rata pay" means the amount apportioned, as wages paid to fishers 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 seafarers' employment agreement; |
| 16. | The term "hours of work" means time during which seafarers are required to do work on account of the ship; |
| 17. | The term "hours of rest" means time outside hours of work (excluding a break during work); |
| 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 in accordance with the Seafarers' Identity Documents Convention (No. 185 of 2003) of the International Labour Organization; |
| 20. | The term "seafarer's book" means a document in which the details of boarding service career, certification of qualifications, labor contract, etc. of a seafarer are stated; |
| 21. | The term "maritime labor certificate" means a document certifying that the working and living standards of a seafarer meet the standards for certification under this Act and the Maritime Labour Convention 2006 (hereinafter referred to as the "Maritime Labour Convention") as a result of the inspection thereof; |
| 22. | The term "declaration of maritime labor compliance" means a document that approves the measures taken by a shipowner to record the domestic standards implementing the Maritime Labour Convention and observe such standards meet the standards for certification under this Act and the Maritime Labour Convention; |
| 23. | The term "seafarer in training" means a person who boards a ship and undergoes practical training for the purpose of becoming a seafarer, including a cadet as prescribed in subparagraph 4-2 of Article 2 of the Ship Officers Act. |
| Article 3 (Scope of Application) |
| (1) | Except as otherwise provided in this Act, this Act shall apply to seafarers who are in service onboard 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 navigating for coastwise service only and the owners of such ships: Provided, That this Act shall not apply to seafarers who are in service onboard any of the following ships and the owner of such a ship: <Amended on Jan. 17, 2012; Mar. 23, 2013; Feb. 3, 2015> |
| 1. | A ship the gross tonnage of which is less than five tons and which is not a seagoing ship; |
| 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 seafarers in training, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| Article 4 (Seafarer Labor Relations Commission) |
| (2) | Except as provided 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 to 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 on Jan. 6, 2015; Dec. 27, 2016; Feb. 18, 2020> |
CHAPTER II DUTIES AND AUTHORITY OF MASTER
| Article 6 (Rights to Command and Order) |
A master shall command and supervise crews, and may give orders necessary to perform his or her duties to those in a ship.
| Article 7 (Responsibilities for Inspection and Reporting before Departure from Port) |
| (1) | A master 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 navigation 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 master shall report the results of an inspection, etc. referred to in paragraph (1) to a shipowner, etc. |
| (3) | Where a master deems any problem exists, as a result of an inspection, etc. referred to in paragraph (1), he or 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 on Jan. 6, 2015]
| Article 8 (Voyage along Planned Ship's Route) |
A master shall set sail without delay if he or she has made preparations for navigation, and except for cases where there are unavoidable circumstances, he or she shall navigate to the port of arrival along the planned ship's route.
| Article 9 (Direct Command of Master) |
| (1) | In any of the following cases, the master shall take direct command of steering of a ship: <Amended on Jan. 6, 2015> |
| 1. | When a ship enters or leaves a port; |
| 2. | When a ship passes through a narrow channel or fairway; |
| 3. | When a ship passes through any waters within which marine casualties, such as collision and sinking, have occurred frequently; |
| 4. | When a ship is otherwise exposed to a potential risk, prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Except in cases falling under paragraph (1), the master may require an officer prescribed by Presidential Decree, such as the chief mate, to take command of steering the ship during his or her hours of rest under Article 60 (3). <Newly Inserted on Jan. 6, 2015> |
| Article 10 (Duty to Stay Onboard Ship) |
A master shall not leave his or her ship from the time cargoes are loaded and passengers start to go onboard until the time all cargoes are unloaded from his or her ship and all passengers leave his or her ship: Provided, That except for cases where there is a special reason that he or she should not leave his or her ship, such as abnormal weather conditions, this shall not apply where he or she has appointed a person who is to perform his or her duties on his or 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 master shall take all measures necessary to rescue human lives, the ship, and cargoes. <Amended on Jan. 6, 2015> |
| (2) | The master shall not leave the ship before completing all measures necessary to rescue human lives referred to in paragraph (1). <Newly Inserted on Jan. 6, 2015> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to crews. <Newly Inserted on Jan. 6, 2015> |
| Article 12 (Measures to Be Taken in Case of Collision of Ships) |
When ships collide each other, the master of each ship shall take all measures necessary to rescue human lives and ships, and inform the counterparty of the name of his or 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 or her command is in critical danger.
| Article 13 (Rescueing Ships in Distress) |
When a master becomes aware of distress of another ship or airplane, he or 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 or her command is in critical danger. <Amended on Mar. 23, 2013>
| Article 14 (Notification of Abnormal Weather Conditions) |
When the master of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries encounters apprehensions that may present hazards to navigation of his or her ship, such as abnormal weather conditions including a rainstorm, floating ice, floating or sunken objects, he or she shall notify the master 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 navigating outside of territorial waters of the Republic of Korea, referring to the maritime security agency of the nearest country thereto) has forecast abnormal weather conditions, such as a rainstorm. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 15 (Muster List and Drill) |
| (1) | The master of any of the following ships shall post up the muster list describing duties of crews 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, crews shall participate in the drills, performing their duties described in the muster list: <Amended on Mar. 23, 2013; 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 master of a passenger ship shall indicate inside the ship's muster station 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 necessary matters that they must remember in preparation for an emergency. <Newly Inserted on Jan. 6, 2015> |
| (3) | Where a master conducts drills in preparation for emergency pursuant to paragraph (1), drills shall be conducted in a manner that does not cause disturbance to crews' hours of rest. <Amended on Jan. 6, 2015> |
| (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 on Jan. 6, 2015> |
[Title Amended on Jan. 6, 2015]
| Article 16 (Ensuring Safety of Voyage) |
Except as provided in Articles 7 through 15, the watchkeeping, the prevention of fire on a ship, and other matters to be observed by a master for the safety of a voyage shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
| Article 17 (Duty to Deliver Bodies in Case of Death of Persons) |
| (1) | Where a person aboard a ship dies during a voyage, the master shall take measures to enable the delivery of the body to his or her surviving family, etc. by moving the ship to the next scheduled port of call or nearby port: Provided, That where the next scheduled port of call or nearby port prohibits a dead body from being brought into the port, he or she shall move the ship to a port that takes a dead body. |
| (2) | Notwithstanding paragraph (1), where there are grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as where there is any potential outbreak of infection on board because a person aboard the ship has died due to an infectious disease or where the next scheduled port of call keeps refusing to take a dead body, measures may be taken regarding the dead body as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Wholly Amended on Jun. 15, 2021]
| 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 master 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 on 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 master to repatriate a national of the Republic of Korea, as prescribed by statutes and regulations, the master shall not refuse such order without good cause. |
| (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 (Keeping of Documents) |
| (1) | A master shall keep the following documents on a ship: <Amended on 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 master shall record and keep a seafarers' list, the logbook, etc. according to the form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 21 (Reporting on Operation of Ship) |
In any of the following circumstances, the master 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 on 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 casualties happen; |
| 2. | Where a master comes to know distress of another ship on a voyage (excluding cases where he or she comes to know such distress through radio 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 master changes the planned ship's route; |
| 6. | Where a ship is detained or seized; |
| 7. | Where other serious accident happens on a ship. |
CHAPTER III MAINTENANCE OF ORDER ON SHIP
| Article 22 (Disciplinary Action against Crews) |
| (1) | Where a crew falls under any of the following cases, a master may take disciplinary actions against the relevant crew: |
| 1. | Where he or she fails to obey an official order of his or her superior; |
| 2. | Where he or she leaves a ship without obtaining permission from the master; |
| 4. | Where he or she fights, assaults, drinks, makes a noise, or damages structures intentionally on a ship; |
| 5. | Where he or she neglects his or her duties or interferes with the performance of duties of other crews; |
| 6. | Where he or she fails to go onboard a ship by the time appointed by the master without good cause; |
| 7. | Where he or she conducts other act prohibited by a collective agreement, the rules of employment or a seafarers' employment agreement, as an act disturbing order on 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 10 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 crew disturbs order on a ship by an act of violence, etc. or obstructs the sailing of a ship intentionally. In such cases, the master shall inform a shipowner without delay that he or she has taken disciplinary action of leaving a ship. |
| (4) | Where the master takes disciplinary action against a crew, he or she shall first go through a resolution of the disciplinary committee which is comprised of not less than five crews (where the number of crews is not more than 10, referring to three crews). |
| (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 on Mar. 23, 2013>. |
| Article 23 (Measures against Dangerous Articles) |
| (1) | A person who goes onboard 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 master. <Amended on Jun. 4, 2013> |
| (2) | A master may take necessary measures, such as maintenance or disuse against articles falling under paragraph (1). |
| (3) | When a crew or any other person onboard intends to conduct an act that is apt to cause harm to human lives or a ship, a master may take measures necessary to prevent such harm. |
| Article 24 (Requesting Assistance from Administrative Agency) |
| (1) | When a crew or any other person onboard does harm to human lives or a ship, or seriously disturbs order on a ship, the master may request the head of a related administrative agency to give assistance to him or her as necessary to maintain order on the ship. |
| (2) | The head of a related administrative agency upon receipt of a request by the master to give assistance 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 on Mar. 23, 2013>
| 1. | Where a ship is in a foreign port; |
| 2. | Where a passenger ship is navigating with passengers onboard; |
| 3. | As cases where a ship for exclusive transport of dangerous articles is navigating, where dangerous articles by kind are prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Where a ship is navigating under the command of steering by the master, 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 seafarer shall force a seafarer to work against his or her free will through the use of violence, intimidation, confinement, or any other means by which mental or physical freedom of the seafarer might be unduly restricted.
[This Article Newly Inserted on Jan. 6, 2015]
CHAPTER IV SEAFARERS' EMPLOYMENT AGREEMENT
| Article 26 (Agreement in Violation of This Act) |
Where a seafarers' employment agreement stipulates the conditions of employment 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 Conditions of Employment) |
| (1) | Where a shipowner enters into a seafarers' employment agreement, he or she shall make wages, hours of work, and other conditions of employment specifically clear to a seafarer. The same shall also apply where he or she changes a seafarers' employment agreement. |
| (2) | When a shipowner enters into a seafarers' employment agreement with a seafarer, where the seafarer wishes, the shipowner shall give an opportunity that the seafarer may review the details of a seafarers' employment agreement and be provided with advice and suggestions about the same. The same shall also apply where the shipowner changes a seafarers' employment agreement. |
| Article 28 (Violation of Conditions of Employment) |
| (1) | Where the conditions of employment specified in a seafarers' employment agreement are different from the actual conditions of employment, a seafarer may cancel the seafarers' employment agreement and claim damages caused by the violation of the conditions of employment 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 conditions of employment. |
| 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 seafarers' employment agreement.
| Article 30 (Prohibition of Compulsory Savings) |
No shipowner shall enter into a contract that stipulates compulsory savings or the management of savings annexed to a seafarers' employment agreement.
| Article 31 (Prohibition of Offsetting Wages in Advance) |
No shipowner shall offset a seafarer’s wages against his or her wages in advance or other subleased claims given on the condition that the seafarer offers work.
[This Article Wholly Amended on Jan. 15, 2019]
| Article 32 (Restrictions on Cancellation of Seafarers' Employment Agreement) |
| (1) | A shipowner shall neither cancel a seafarers' employment agreement nor inflict the temporary retirement, the suspension from duty, the reduction of wages, and other punishment on a seafarer without good cause. |
| (2) | No shipowner shall cancel a seafarers' employment agreement during any of the following periods: Provided, That this shall not apply where he or she is authorized by the Seafarer Labor Relations Commission or he or she makes a temporary compensation under Article 98, in cases where he or she is unable to continue to conduct his or her business due to a natural disaster or other unavoidable circumstances: |
| 1. | The period during which a seafarer is not engaged in his or her work for medical treatment of an injury or medical treatment of sickness due to his or her work, and 30 days thereafter; |
| Article 33 (Advance Notice of Cancellation of Seafarers' Employment Agreement) |
| (1) | Where a shipowner intends to cancel a seafarers' employment agreement, he or she shall inform a seafarer of the cancellation of the seafarers' employment agreement in writing with a period of advance notice of not less than 30 days, and where he or she fails to inform the seafarer of such cancellation, he or 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 or 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 good cause; |
| 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 seafarers' employment agreement, he or she shall inform a shipowner of his or 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 seafarers' employment agreement. |
| Article 34 (Application for Relief from Cancellation without Good Cause) |
| (1) | Where a shipowner cancels a seafarers' employment agreement or inflicts the temporary retirement, the suspension from duty, the reduction of wages, or other punishment on a seafarer without good cause, in violation of Article 32 (1), the seafarer may apply to the Seafarer Labor Relations Commission for the relief therefrom. |
| Article 35 (Continuance of Seafarers' Employment Agreement) |
| (1) | Where a seafarers' employment agreement is terminated while a ship is out at sea, such agreement 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 seafarers' employment agreement is terminated at a port which is not fit for a shift of boarding and leaving a ship, a shipowner may continue the seafarers' employment agreement 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 Seafarers' Employment Agreement) |
Except for cases by general succession, such as succession, where a shipowner is changed, a seafarers' employment agreement made with the former shipowner shall be terminated, and from then on, a new seafarers' employment agreement by and between a new shipowner and a seafarer on the conditions same as those of the former seafarers' employment agreement shall be deemed to have been made: Provided, That a new shipowner or seafarer may cancel a seafarers' employment agreement 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 seafarers' employment agreement though there is no reason imputable to a seafarer; |
| 2. | Where a seafarer cancels a seafarers' employment agreement because the conditions of employment stipulated in the seafarers' employment agreement are different from the actual conditions of employment; |
| 3. | Where a shipowner cancels a seafarers' employment agreement because he or she is unable to continue to conduct his or her business due to sinking or destruction of a ship, or other unavoidable reasons. |
| Article 38 (Repatriation) |
| (1) | Where a seafarer leaves a ship at the port which is not a place of his or her residence nor a place where he or she concluded a seafarers' employment agreement, a shipowner shall repatriate him or her to a place where he or she wishes to be repatriated among either a place of his or her residence or a place where he or she concluded the seafarers' employment agreement 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 or 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 or she has worked onboard for six months or more: |
| 1. | Where a seafarer leaves a ship at his or her discretion without good cause; |
| 2. | Where a seafarer leaves a ship after he or 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 seafarers' employment agreement. |
| (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 on Mar. 23, 2013> |
| (4) | In making a seafarers' employment agreement 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 or 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.
| Article 40 Deleted. <Dec. 27, 2016> |
| Article 41 Deleted. <Dec. 27, 2016> |
| Article 42 (Measures for Repatriation of Seafarers) |
| (1) | Where a seafarer requests the Minister of Oceans and Fisheries to repatriate him or her because a shipowner fails to perform his or her duty to repatriate him or 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 on Mar. 23, 2013> |
| (2) | Where a foreign seafarer aboard a foreign ship requests the Minister of Oceans and Fisheries to repatriate him or her to his or her country because he or she is deserted in the Republic of Korea, the Minister of Oceans and Fisheries may repatriate the relevant seafarer to his or 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 on 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 on 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 on Mar. 23, 2013> |
| Article 42-2 (Taking out Repatriation Insurance) |
| (1) | A shipowner prescribed by Presidential Decree shall take out insurance or become a member of mutual aid (hereinafter referred to as “repatriation 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 clause of Article 38 (1) or to reimburse expenses incurred in the repatriation prescribed in the proviso of that 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 on 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 seafarers' employment agreement. |
| (2) | Repatriation insurance, etc. shall guarantee the payment of the following expenses (hereinafter referred to as “expenses incurred in seafarers' repatriation”): |
| 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 on a ship prescribed in paragraph (1) 3, including food and water, and fuel and medical support necessary for survival. |
| (3) | Where a shipowner take out repatriation insurance, etc., he or she shall designate a seafarer as the insured so that the seafarer can claim insurance money directly to the business operator of repatriation insurance, etc. (hereinafter referred to as "repatriation 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 seafarers' repatriation, a repatriation 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 seafarers' repatriation, other than those provided for in paragraphs (3) and (4), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 42-3 (Relationship with Other Benefits) |
Where a seafarer has received compensation for expenses incurred in seafarers' repatriation 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 seafarers' repatriation to the extent of the value of such compensation. [This Article Newly Inserted on Dec. 27, 2016]
| Article 42-4 (Restrictions on Termination of Repatriation Insurance) |
| (1) | Where a repatriation insurer, etc. intends to terminate a contract for repatriation 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 or she notifies the date scheduled for terminating the relevant repatriation insurance, etc. to the Minister of Oceans and Fisheries by 30 days prior to such date scheduled for terminating the relevant repatriation insurance, etc. |
| (2) | Where a shipowner falls under any of the following, a repatriation 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 or her for repatriation insurance, etc.; |
| 2. | Where a shipowner concludes a contract with him or her for repatriation 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 or her for repatriation insurance, etc. has failed to conclude a contract again with him or 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 or she shall, without delay, inform the relevant facts to the seafarer who is the insured of the relevant repatriation insurance, etc. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 43 (Preparation and Reporting of Seafarers' Employment Agreement) |
| (1) | A shipowner who has entered into a seafarers' employment agreement 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 onboard or departs from the Republic of Korea to go onboard. <Amended on Mar. 23, 2013> |
| (2) | In cases falling under paragraph (1), where a seafarers' employment agreement in the same contents is concluded repeatedly in several times, when a shipowner has reported the contents of a seafarers' employment agreement in advance, he or 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 seafarers' employment agreement prepared according to such rules of employment shall be deemed to have been reported pursuant to paragraph (1). |
| Article 44 (Official Approval of Seafarers' List) |
| (1) | A shipowner shall prepare a seafarers' list 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 on 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 seafarers' list kept on a ship according to the conditions of employment 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 seafarers' list, a master shall enter the same on behalf of the shipowner. <Amended on 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 seafarers' list 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 master apply for official approval on his or her behalf. <Amended on Jan. 6, 2015> |
| Article 44-2 (Reporting of Overseas Employment) |
Notwithstanding Article 3 of the Act, a seafarer who is a national of the Republic of Korea shall file a report on his or her overseas employment with the Minister of Oceans and Fisheries if he or she has concluded a seafarers' employment agreement with a shipowner of foreign nationality, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a seafarer gets employed on a ship of foreign nationality through a seafarer management business operator under Article 112 (3), the seafarer management business operator shall report the overseas employment of the relevant seafarer. [This Article Newly Inserted on Jun. 15, 2021]
| Article 45 (Seafarer's Book) |
| (1) | A person who intends to be a seafarer shall be issued a seafarer's book from the competent maritime affairs and port authorities, as prescribed by Presidential Decree: Provided, That in the case of a seafarer prescribed by Presidential Decree, a letter of the guarantee received from a shipowner may replace a seafarer's book issued, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | While a seafarer is onboard, he or she shall submit his or her seafarer's book or letter of the guarantee under paragraph (1) to a master to let him or her keep the same, and where he or she makes a trip to go onboard or leaves a ship, the seafarer himself or herself shall keep the same. |
| (3) | When a shipowner or master obtains official approval of the seafarers' list pursuant to Article 44 (3), he or she shall submit seafarer's books or letters of the guarantee of seafarers who embark on or disembark from a ship to the competent maritime affairs and port authorities along with the seafarers' list to obtain official approval of embarkation or disembarkation on seafarer's books or letters of the guarantee of seafarers, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That when a shipowner or master does not obtain official approval of the seafarers' list intentionally or is unable to obtain official approval of the seafarers' list for reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as unknown whereabouts, a seafarer who intends to disembark from a ship may obtain official approval of a seafarer's book or letter of the guarantee in person. <Amended on 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 seafarer's books or letters of the guarantee . <Newly Inserted on Jan. 6, 2015> |
| (5) | Where the Minister of Oceans and Fisheries grasps the actual conditions of employment of a seafarer or whether he or she carries his or her seafarer's book, or deems it necessary, the Minister may inspect a seafarer's book. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| (6) | Matters necessary for procedures for the issuance of a seafarer's book, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 6, 2015> |
| Article 46 (Restrictions on Issuance of Seafarer's Book) |
| (1) | The competent maritime affairs and port authorities may refuse to issue a seafarer's book to a person who falls under any of the following cases: |
| 1. | A person whose identity is unclear; |
| 3. | Deleted. <Jun. 15, 2021> |
| (2) | Where the competent maritime affairs and port authorities deem it necessary in issuing a seafarer's book, it may issue a seafarer's book by limiting a ship a seafarer may go onboard or an area he or she may go onboard, or with the fixed period of validity, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 47 (Invalidation of Seafarer's Book) |
A seafarer's book that falls under any of the following cases shall lose its effect: <Amended on Mar. 23, 2013>
| 1. | A seafarer's book of a seafarer who fails to go onboard 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 seafarer's book is issued or the date he or she leaves a ship; |
| 2. | A deceased seafarer's book; |
| 3. | Where a seafarer's book is reissued, the former seafarer's book. |
| Article 48 (Seafarers' Identity Documents) |
| (1) | A seafarer who intends to go onboard 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 onboard a ship under the main clause of Article 3 (1) and a seafarer who is a citizen of the Republic of Korea and goes onboard 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 10 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 "seafarer's book" shall be deemed a "seafarer's identity document". |
| (5) | Except in cases where a master keeps a seafarer's identity document with a seafarer's written consent as necessary for the maintenance of security, a seafarer shall carry his or 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 on 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 Seafarer's Book) |
A person who has been issued a seafarer's book or seafarer's identity document may be reissued either of them where he or she loses either of them, he or 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 on Mar. 23, 2013>
| Article 50 (Prohibition of Lending and Unjust Use of Seafarer's Book) |
A seafarer shall not use a seafarer's book or seafarer's identity document unjustly or lend either of them to another person.
| Article 50-2 (Prohibition of Retaining Others' Passports) |
No shipowner shall retain a seafarer's identification card, such as a passport, on behalf of the seafarer.
[This Article Newly Inserted on Jun. 15, 2021]
| Article 51 (Issuance of Certificate of Work Experience Onboard) |
Upon receipt of a request to issue a certificate of work experience onboard by a seafarer, a shipowner or master 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 or she may deduct part of wages or pay wages by means other than currency. |
| (2) | A shipowner shall pay wages on the regular fixed date 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 or her family or other person designated by him or her in currency or by means of deposit with a financial company, etc. |
| (4) | Notwithstanding paragraph (1), where a seafarer who is in service onboard requests, a shipowner shall have a master 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, sickness, or an accident of a seafarer or his or her family, or other extraordinary cases prescribed by Presidential Decree, the shipowner shall pay him or her wages for labor he or she has already provided even before the due date of payment of wages.
| Article 54 (Wages of Seafarer in Service of Ship during Injury or Sickness) |
Even if a seafarer who is in service onboard is unable to perform his or her duties due to injury or sickness, during a period he or she is in service of the ship, a shipowner shall pay wages to a seafarer other than fishers based on cases where he or she performs his or her duties, and pay ordinary wages to fishers: Provided, That this shall not apply where the Seafarer Labor Relations Commission deems such an injury or sickness is caused by his or 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 onboard 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 seafarers' employment agreement 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 or 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 or 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 or she shall regard less than six months as six months, and not less than six months as one year: Provided, That when he or 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 onboard 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 or her seafarers' employment agreement expires or is canceled for reasons not imputable to him or her. |
| Article 55-2 (Liquidation) |
When a seafarer dies or retires, the shipowner shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
[This Article Newly Inserted on Feb. 18, 2020]
| Article 55-3 (Interest for Delayed Payment of Wages) |
| (1) | When a shipowner fails to pay the wages under Article 55-2 or the whole or a part of a retirement allowance under Article 55 within 14 days after the cause for such payment occurred, he or she shall pay interest accrued for the delayed days from the following day to the day of the payment in accordance with the interest rate prescribed by Presidential Decree by taking account of the economic situations such as overdue interest rates etc. applied by the banks established under the Banking Act within the scope of 40/100 per year. |
| (2) | The provisions of paragraph (1) shall not apply where a shipowner delays the payment of wages and retirement allowances for natural disasters, calamities, or other reasons prescribed by Presidential Decree, for the period in which the said reasons exist. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 55-4 (Disclosure of List of Names of Shipowners with Delayed Payment of Wages) |
| (1) | Where at least twice of conviction against the shipowner (including the representative person in cases of a corporation; hereinafter referred to as “shipowner in arrear”) who fails to pay wages, compensations, allowances, or any other money or valuable pursuant to Articles 52, 55-2, 62 (hereinafter referred to as “wages, etc.”) are upheld due to his or her failure to pay the wages, etc. within three years prior to the date of disclosure of the list of names, and the total amount of money in arrear with the wages, etc. during the period of one year prior to the date of the said disclosure is at least 30 million won, the Minister of Oceans and Fisheries may disclose his or her personal information, etc.: Provided, That this shall not apply where the disclosure of the list of names is not effective due to death or closure of business of the shipowner in arrear or where other reasons as prescribed by Presidential Decree exist. |
| (2) | Upon disclosing the list of names pursuant to paragraph (1), the Minister of Oceans and Fisheries shall provide the shipowner in arrear with an opportunity to explain by fixing a period of at least three months for such explanation. |
| (3) | In order to review as to whether or not the personal information, etc. of the shipowner in arrear should be disclosed pursuant to paragraph (1), the Committee for Review of Information on Overdue Wages (hereafter in this Article referred to as the “Committee”) shall be established in the Ministry of Oceans and Fisheries. In such cases, necessary matters, such as composition and operation, etc. of the Committee, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Details, period and method, etc. of disclosure of the list of names under paragraph (1) and other matters necessary for the disclosure shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 55-5 (Provision of Data on Delayed Payment of Wages) |
| (1) | Where the centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act requests personal information and the data on the amount of arrears, etc. (hereinafter referred to as “data on delayed payment of wages, etc.”) of the shipowner in arrear against whom at least twice of conviction are upheld due to his or her failure to pay the wages, etc. within three years prior to the date of provision of the data on delayed wages. etc. and the total amount of money in arrear with the wages, etc. during the period of one year prior to the date of such provision of the data is at least 20 million won, the Minister of Oceans and Fisheries may provide the aforementioned data if deemed necessary to prevent delay in payment of wages, etc.: Provided, That this shall not apply where the disclosure of the list of names is not effective due to death of the shipowner in arrear or closure of business or where other reasons prescribed by Presidential Decree exist. |
| (2) | A person who has received the data on delayed payment of wages, etc. pursuant to paragraph (1) shall not use or disclose such data for the purposes other than those for determining credit rating and ability to deal on credit of the shipowner in arrears. |
| (3) | Procedure for and method, etc. of providing the data on delayed payment of wages, etc. pursuant to paragraph (1) and other necessary matters for such provision shall be determined by Presidential Decree. |
[This Article Newly Inserted on Feb. 18, 2020]
| 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 on Dec. 27, 2016> |
| 1. | Wages for the latest four months under Article 52; |
| 2. | The retirement allowances for the latest four years prescribed in Article 55. |
| (3) | Notwithstanding Article 469 of the Civil Act, where a retired seafarer or his or 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 on Dec. 27, 2016> |
| (4) | An insurer, mutual aid or operator of funds who has paid wages in arrears to a seafarer or his or 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 on 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 on Dec. 27, 2016> |
| (6) | Other matters necessary for the operation and management of funds to guarantee the payment of wages in arrears, claim for and payment of wages in arrears, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2021> |
| Article 56-2 (Request for Reporting and Submission of Documents) |
| (1) | Where deemed necessary for the sound operation of the funds to guarantee wage claims under Article 56 and the protection, etc. of seafarers whose wages, etc. are in arrears, the Minister of Oceans and Fisheries may request a fund operator, shipowner, etc. to submit necessary reports or related documents. |
| (2) | If deemed necessary for the management and supervision of a fund, the Minister of Oceans and Fisheries may have relevant public officials access the place of business of a fund operator, shipowner, etc. to inspect relevant documents or ask questions to relevant persons. |
| (3) | If necessary based on the reports or inspection provided in paragraphs (1) and (2), the Minister of Oceans and Fisheries may issue a corrective order. |
| (4) | A public official who accesses a place of business for inspection under paragraph (2) shall carry identification indicating his or her authority and present it to relevant persons. |
| (5) | Reporting and request for submission of documents, access for inspection, corrective orders, and other necessary matters under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Jun. 15, 2021]
| Article 57 (Special Cases concerning Wages of Fishers) |
| (1) | Wages of fishers may be paid by a monthly fixed pay and production allowance or pro rata pay. |
| (2) | Ordinary wages and average onboard wages applicable to the calculation of an unemployment allowance, etc. under Articles 37, 39, 54, 55, 96, 97, and 99 through 102 for fishers who receive 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 fishers by pro rata pay pursuant to paragraph (1), he or she shall pay an amount equivalent to a monthly fixed pay to fishers in advance. In such cases, where a monthly amount of pro rata 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 pro rata 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 or she pays wages.
| Article 59 (Minimum Wages) |
Where the Minister of Oceans and Fisheries deems it necessary, he or she may fix the minimum amount of wages of seafarers. In such cases, he or she shall seek advice prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
CHAPTER VI HOURS OF WORK AND COMPLEMENT
| Article 60 (Hours of Work and Hours of Rest) |
| (1) | Hours of work shall be 8 hours a day and 40 hours a week: Provided, That a shipowner and seafarers may extend hours of work 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 up to 16 hours a week, and other seafarers to overtime work within the extent of up to 4 hours a week. |
| (3) | Notwithstanding paragraphs (1) and (2), a shipowner shall grant seafarers hours of rest of not less than 10 hours in any 24-hour period and not less than 77 hours in any seven-day period. In such cases, hours of rest of not less than 10 hours in any 24-hour period may be divided only once, and one of which shall be at least 6 hours at length, and the interval between consecutive periods of 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 hours of work, and standards for division of the hours of rest and the interval thereof granted to a seafarer who keeps the watch or who is in the service of a ship engaged in a short-term navigation. 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 hours of rest prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on 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 hours of work under paragraphs (1) and (2) or do necessary work despite of the hours of rest under paragraph (3). |
| (7) | A shipowner shall give the hours of rest in compensation for and corresponding to hours of work to a seafarer who did necessary work despite of the hours of rest or a seafarer who did not take the normal rest because he or she was called out to work during the hours of 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 (Hours of Work of Young Seafarers) |
A shipowner shall observe the regulations on hours of work, hours of rest, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries for the protection of young seafarers under 18 years of age. <Amended on Mar. 23, 2013>
| Article 61-2 (Hours of On-The-Job Training and Hours of Rest for Seafarers in Training) |
| (1) | The hours of on-the-job training shall be up to eight hours per day, and 40 hours per week: Provided, That the maximum hours of on-the-job training may be extended by up to 16 hours per week, for the purpose of watchkeeping training. |
| (2) | A shipowner shall give all hours outside the hours of on-the-job training under paragraph (1) as hours of rest. In such cases, a period of rest in any 24-hour period shall be at least eight continuous hours. |
| (3) | A shipowner shall give a seafarer in training at least one day of rest per week. |
| (4) | Notwithstanding paragraph (2), the shipowner may order a seafarer in training to be engaged in training or work in excess of the limit on the hours of on-the-job training provided in paragraph (1) or require him or her to be engaged in necessary training or work under unavoidable circumstances, such as seeking to ensure the safety of human life, ship, or cargo, to contain marine pollution or secure maritime security, or to rescue human life or other ships. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 62 (Overtime Work Allowance) |
| (1) | A shipowner shall pay any of the following seafarers at least an amount equivalent to 150/100 of ordinary wages for his or 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 that Article); |
| 2. | A seafarer who works on a holiday. |
| (2) | Notwithstanding paragraph (1), a shipowner may prepare a system by which he or she pays a certain fixed amount of money 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 seafarers' employment agreement. |
| (3) | A shipowner shall keep documents in which hours of work a day, hours of rest and overtime work of seafarers are to be stated, and have a master enter matters concerning hours of work, hours of rest, overtime work and payment of overtime work allowances therein. <Amended on Mar. 23, 2013> |
| (4) | A seafarer may request a shipowner or master to give him or her a copy of documents under paragraph (3) in which his or her record is stated. |
| (5) | Notwithstanding paragraph (1), a shipowner shall grant paid leave by adding one day for every one month of being in service onboard a ship 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 "STCW Convention") shall perform the matters under the following subparagraphs for the safety of ship operation: <Amended on Jan. 6, 2015> |
| 1. | The formulation and execution of a plan for shipboard training of seafarers and evaluation thereof to improve their ability; |
| 1-2. | Emergency drills on board in preparation for marine casualties; |
| 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 that paragraph shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 64 (Manning of Qualified Seafarers in Service of Ship) |
| (1) | The shipowner 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 ratings in the deck department or the engine department. <Amended on Mar. 23, 2013> |
| (2) | The shipowner of a ship the gross tonnage of which is not less than 500 tons and the navigation 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 ratings of the deck department. |
| (3) | The shipowner 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 be in service onboard. <Amended on Mar. 23, 2013> |
| (4) | The shipowner of a ship prescribed by Presidential Decree shall have a seafarer with the certificate of proficiency in survival craft and rescue boats prescribed by Ordinance of the Ministry of Oceans and Fisheries be in service onboard a ship. <Amended on Mar. 23, 2013> |
| (5) | A shipowner of a ship prescribed by Presidential Decree shall have seafarers in service onboard a ship who have qualifications for passenger safety management prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jan. 6, 2015> |
| (6) | The shipowner of a ship prescribed by Presidential Decree (hereinafter referred to as "propelling ship, such as gas fuel"), which uses gas or low-flash point fuel (referring to a fuel at which the flash point is less than 60 degrees Celsius), shall require seafarers who meet the qualification requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries to be in service onboard a ship. <Newly Inserted on Feb. 18, 2020> |
| (1) | A shipowner shall determine the number 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 complement approved pursuant to paragraph (1) is changed due to a change in the specifications of a ship, sailing hours, etc., a shipowner shall, without delay, redetermine the complement and obtain approval thereof from the competent maritime affairs and port authorities. <Newly Inserted on Jun. 15, 2021> |
| (3) | Where the competent maritime affairs and port authorities approve the complement of a ship pursuant to paragraphs (1) and (2), it shall issue a safe manning document, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jun. 15, 2021> |
| (4) | A shipowner shall always have the number of seafarers stated in a safe manning document be in service onboard a ship, and if a vacancy happens, he or she shall fill the vacancy without delay: Provided, That this shall not apply where he or she obtains permission from the Minister of Oceans and Fisheries as deemed impractical to fill a vacancy without delay, such as where the relevant ship is in a foreign port. <Amended on Mar. 23, 2013; Jun. 15, 2021> |
| 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 on Mar. 23, 2013>
| Article 66-2 (Standards for Aptitude Test of Masters of Passenger Ships) |
| (1) | The master of a passenger ship shall be a person who meets the standards for the aptitude test prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as “standards for aptitude test”). |
| (2) | The owner of a passenger ship shall not have any person failing to meet the standards for aptitude test as a master of a passenger ship. |
| (3) | Necessary matters concerning the procedures, etc. for ascertaining whether the standards for aptitude test are complied with shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Jan. 6, 2015]
| Article 67 (Reserve Seafarers) |
| (1) | A shipowner shall secure reserve seafarers of not less than 10 percent of the total number of seafarers onboard employed by him or her: Provided, That in the case of a ship that is not a seagoing ship, it may be prescribed differently by Presidential Decree by taking into consideration the type, purpose, etc. of the relevant ship. <Amended on Jan. 6, 2015> |
| (2) | A shipowner shall pay 70 percent of ordinary wages as wages to reserve seafarers other than those on paid leave prescribed by Presidential Decree. |
| Article 68 (Scope of Application) |
| 1. | A sailing ship that is not a seagoing 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 seagoing 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 hours of work and the complement of seafarers applicable to ships falling under any of the subparagraphs of paragraph (1). <Amended on Mar. 23, 2013> |
| (1) | Where a seafarer has been in service onboard a ship for eight consecutive months (including being in service onboard a ship under repair or laid-up; hereafter in this Chapter the same shall also apply), 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 or her paid leave within four months thereafter: Provided, That where a ship is on a voyage, he or 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 or her continued service onboard. |
| (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 onboard. <Amended on Feb. 1, 2012> |
| (4) | Even if a seafarer fails to be in service on board a ship for eight consecutive months, a shipowner shall grant him or her paid leave for a period during which he or she has been in service onboard a ship. |
| (5) | For the protection of a young seafarer under 18 years of age, a shipowner shall grant him or her paid leave, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on 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 one consecutive month of service onboard a ship. |
| (2) | Notwithstanding paragraph (1), the number of days of paid leave of a seafarer who is in service onboard a ship navigating in near 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 one consecutive month of his or her being in service onboard a ship. |
| (3) | For a seafarer who has worked for two or more consecutive years, one day of paid leave for one consecutive year of working 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 on Feb. 1, 2012; Mar. 23, 2013> |
| (5) | Where a shipowner calculates the number of days of paid leave, he or she shall calculate a period of being in service onboard a ship 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 Taken) |
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 or she leaves a ship for the purpose of paid leave and arrives in his or her country (referring to the day when a period for repatriation normally comes pursuant to Article 38 (1)) to the preceding day of his or her boarding day (where he or she goes onboard in a foreign country, referring to the day of his or her departure from his or her country), but none of the following periods shall be included in the number of days of paid leave used: <Amended on 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 Fishers) |
| (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 fishers who have worked on a fishing vessel belonging to the same enterprise for not less than one consecutive year. <Amended on Mar. 23, 2013> |
| (2) | Where a fisher has suspended his or her service onboard the fishing vessel without intention or gross negligence, when the period of such suspension does not exceed 30 days, he or she shall be deemed to have been in service onboard the fishing vessel. |
| (3) | Matters necessary for the paid leave of fishers, such as the number of days, a method of grant and paid leave allowance of paid leave of fishers, under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on 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 seagoing ship; |
| 3. | A ship in operation by a family being in service onboard only, which is a not a seagoing ship. |
CHAPTER VIII PROVISION OF MEALS, SAFETY AND HEALTH ON SHIP
| Article 76 (Providing Meals on Ship) |
| (1) | A shipowner shall supply seafarers who are in service onboard a ship 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 on a ship. In such cases, he or she shall consider various cultural and religious backgrounds of seafarers who are in service onboard a ship. <Amended on 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 be in service onboard a ship to provide meals on 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 be in service onboard a ship 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 on Mar. 23, 2013> |
| Article 77 (Cost for Providing Meals on 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 on a ship (hereinafter referred to as "cost for providing meals on a ship") to the master and have him or her manage the provision of meals on a ship with approval therefor from the Minister of Oceans and Fisheries. In such cases, the master shall manage so that meals are provided to all seafarers on a ship without discrimination. <Amended on Mar. 23, 2013> |
| (2) | When a shipowner disburses costs for providing meals on a ship, he or she shall disclose a daily standard amount per seafarer. |
| (3) | Costs for providing meals on a ship shall not be disbursed for uses other than expenses for purchase and transport of foodstuffs to provide meals on a ship. |
| (4) | The Minister of Oceans and Fisheries may fix the minimum standard amount of costs for providing meals on a ship, as prescribed by Presidential Decree. In such cases, a shipowner shall disburse costs for providing meals on a ship more than the minimum standard amount. <Amended on Mar. 23, 2013> |
| Article 78 (Responsibility and Obligations of the State for Safety and Health on Ship) |
| (1) | The Minister of Oceans and Fisheries shall take the responsibility and obligation of implementing the following matters faithfully so that seafarers being in service onboard a ship may protect their health, live, work, and receive training under the safe and hygienic circumstances: <Amended on Mar. 23, 2013> |
| 1. | The formulation, execution, adjustment, and control of policies on the safety and health on a ship; |
| 2. | The preparation of standards for the safety, health, and prevention of accidents on a ship; |
| 3. | The development and spread of the domestic guidelines for the promotion of the safety and health on a ship; |
| 4. | Research and development of technologies for the safety and health on a ship and the establishment and operation of the facilities therefor; |
| 5. | The publicity and education to encourage the awareness of safety and health on a ship and the promotion of safety culture, such as a zero-accident campaign; |
| 6. | Inspections on accidents on 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 a seafarers' union. <Amended on 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 health on a ship and the prevention of accidents on a ship may be conducted and promoted harmoniously. <Amended on Mar. 23, 2013> |
| Article 79 (Standards for Safety and Health and Prevention of Accidents on Ship) |
| (1) | The following matters shall be included in the standards for safety and health and prevention of accidents on a ship (hereinafter referred to as "standards for safety and health on a ship") under Article 78 (1) 2: <Amended on Mar. 23, 2013> |
| 1. | Policies on the evaluation of education and training and the risk assessment related to the safety and health of seafarers; |
| 2. | Measures for the prevention of an occupational accident, injury, and sickness (hereinafter referred to as "occupational accident, etc.") of seafarers; |
| 3. | Programs on a ship to promote the safety and the protection of health of seafarers; |
| 4. | Inspections, reports and corrections of main causes of hindrances to the safety on a ship; |
| 5. | Inspections and reports of an occupational accident, etc. on a ship; |
| 6. | Duties of the master and a person in charge of the safety and health on a ship; |
| 7. | The establishment and operation of a ship's safety committee; |
| 8. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall determine and publicly notify specific matters on the standards for safety and health on a ship. <Amended on Mar. 23, 2013> |
| Article 80 (Amendment of Standards for Safety and Health on Ship) |
The Minister of Oceans and Fisheries shall review the standards for the safety and health on a ship regularly in consultation with the representatives of an association of shipowners and a seafarers' union, and where necessary, he or she may amend the standards for the safety and health on a ship in consideration of the result of review. <Amended on Mar. 23, 2013>
| Article 81 (Investigation of Occupational Accident) |
| (1) | Upon receipt of a report on the fact of the occurrence of an occupational accident, etc. pursuant to Article 82 (4), the Minister of Oceans and Fisheries shall investigate the fact and causes thereof. <Amended on 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 on 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 on Mar. 23, 2013> |
| Article 82 (Responsibility of Shipowner) |
| (1) | A shipowner shall provide seafarers with protective equipment, protective devices, etc., and prohibit them from using a machine without a protective device. |
| (2) | A shipowner shall have a seafarer who has a certain experience or technical skill engage in dangerous work on a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | No shipowner shall allow seafarers prescribed by Ordinance of the Ministry of Oceans and Fisheries as unfit for duties to be in service onboard a ship to be in service onboard a ship among those who have an infectious disease, mental disease or other diseases. <Amended on Mar. 23, 2013> |
| (4) | When an occupational 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 risk when seafarers work on a ship, provision of medicine and medical supplies, maintenance of hygiene on a ship, the conduct of education thereon, etc. <Amended on Mar. 23, 2013> |
| (6) | Unless there is a compelling reason not to do so, where a seafarer requests a master to allow him or her to be treated his or her injury or sickness in a medical institution in the port where a ship is calling, the master shall not refuse such a request. |
| (7) | The shipowner prescribed by Presidential Decree shall provide uniforms to seafarers who go onboard his or her ship. In such cases, the time for providing uniforms, dress codes, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jan. 6, 2015> |
| Article 83 (Obligations of Seafarers) |
| (1) | A seafarer shall observe the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries concerning the prevention of risk when he or she works on a ship and maintenance of hygiene on a ship. <Amended on 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 on Jan. 6, 2015> |
| Article 84 (Medical Doctors in Service of Ship) |
The shipowner of any of the following ships shall have a doctor being in service onboard a 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 on Mar. 23, 2013>
| 1. | A ship engaged in an international voyage for not less than three days and the maximum number of persons onboard 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 Care) |
| (1) | The shipowner of any of the following ships among ships that need not have a doctor being in service onboard a ship shall have a person in charge of medical care on a ship: Provided, That this shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
| 2. | A fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A person in charge of medical care (hereinafter referred to as "person in charge of medical care") 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 care 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 due to unavoidable circumstances. |
| (3) | The Minister of Oceans and Fisheries shall issue a certificate of qualifications for a person in charge of medical care under paragraph (2) to a person who has passed an examination conducted by him or her, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, or a person whom he or she deems to have knowledge and experience equal to or higher than the level of a person who has passed the examination. <Amended on Mar. 23, 2013> |
| (4) | A person in charge of medical care shall engage in business necessary for medical service on a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (5) | Where a person in charge of medical care is unable to perform his or her duties or leaves a ship due to sickness or any other reason, a shipowner shall, without delay, elect another person in charge of medical care or require him or her to be in service onboard. <Newly Inserted on Dec. 11, 2018> |
| Article 86 (Person in Charge of First Aid) |
| (1) | The shipowner of any of the following ships among ships that need not have a doctor under Article 84 or a person in charge of medical care under Article 85 (1) work onboard shall have a seafarer in charge of first aid (hereinafter referred to as "person in charge of first aid") on 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 on Mar. 23, 2013> |
| Article 87 (Medical Certificate of Health) |
| (1) | A shipowner shall only allow those who have 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 duties to be in service onboard a ship as seafarers. <Amended on 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 on Mar. 23, 2013> |
| Article 88 (Medical Advice by Radio Communications) |
| (1) | Where the master of a ship (including a foreign-flag ship) navigating around waters of the Republic of Korea requests the Minister of Oceans and Fisheries to give him or her medical advice on a seafarer who is injured or affected by sickness (hereinafter referred to as "injured or sick seafarer"), the Minister of Oceans and Fisheries shall give him or her medical advice free of charge by radio or satellite communications. <Amended on 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 or her, and the Minister of Health and Welfare shall cooperate with him or her unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013> |
| Article 89 (Medical Treatment of Foreign Seafarers) |
Where a foreign injured or sick seafarer who has entered a domestic port requests the Minister of Oceans and Fisheries to give him or her medical treatment, the Minister shall take necessary measures. <Amended on Mar. 23, 2013>
CHAPTER IX YOUNG SEAFARERS AND FEMALE SEAFARERS
| Article 90 (Legal Ability of Minors) |
| (1) | If a minor intends to be a seafarer, he or she shall obtain the consent of his or her legal representative. |
| (2) | A minor who has obtained the consent of his or her legal representative pursuant to paragraph (1) shall have the same legal ability as an adult concerning a seafarers' employment agreement. |
| 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 or her family is in service onboard. |
| (2) | Where a shipowner intends to employ a person under 18 years of age as a seafarer, he or 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 on 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 on 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 on 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 on 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 on Mar. 23, 2013> |
| (7) | Paragraphs (4) through (6) shall not apply to a ship on which only a family is in service onboard. |
| 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 on Mar. 23, 2013> |
| (2) | The main clause of paragraph (1) shall not apply where a shipowner has a young seafarer engage in work under Article 60 (6), or a ship on which only a family is in service onboard. |
| Article 93 (Menstrual Leave) |
A shipowner shall grant a female seafarer one day of menstrual leave per month, upon her request. <Amended on Jun. 15, 2021>
CHAPTER X ACCIDENT COMPENSATION
| Article 94 (Medical Treatment Compensation) |
| (1) | Where a seafarer is affected by an occupational injury or sickness, a shipowner shall let him or her take medical treatment at the shipowner’s expenses or reimburse expenses incurred in medical treatment until he or she is recovered from injury or sickness. |
| (2) | Where a seafarer is injured or is affected by sickness due to a cause other than the service of a ship (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 on Dec. 31, 2011> |
| 1. | Where a seafarer is injured or affected by sickness 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 or herself who takes medical treatment pursuant to Article 44 of that Act, and where a seafarer is injured or affected by sickness not subject to medical treatment benefits under that Act, a shipowner shall reimburse expenses incurred in medical treatment of such a seafarer; |
| 2. | Notwithstanding subparagraph 1, where a seafarer who is in service onboard a ship engaged in an international voyage takes medical treatment during his or her service onboard a ship because of an injury or sickness, 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 sickness 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 incurred in receiving outpatient treatment. |
| Article 96 (Injury and Sickness Compensation) |
| (1) | A shipowner shall make injury and sickness compensation in the amount equivalent to ordinary wages once a month to a seafarer under medical treatment pursuant to Article 94 (1) until he or she is recovered from injury or sickness within the extent of four months, and where he or she is not recovered from injury or sickness even when four months have passed, a shipowner shall make injury and sickness compensation in the amount equivalent to 70/100 of ordinary wages once a month until he or she is recovered from injury or sickness. |
| (2) | A shipowner shall make injury and sickness 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). |
| (3) | Where the amount of injury and sickness compensation under paragraphs (1) and (2) is less than the minimum wage of seafarers under Article 59, the minimum wage of seafarers shall be the amount of injury and sickness compensation. <Newly Inserted on Jun. 15, 2021> |
| Article 97 (Compensation for Disability) |
Where physical disability remains even after a seafarer has been recovered from an occupational injury or sickness, a shipowner shall compensate him or her for his or 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 onboard 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 sickness even after two years have passed, a shipowner may be released from his or 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 due to an occupational accident (including death under medical treatment due to an occupational injury or sickness), a shipowner shall compensate a bereaved family prescribed by Presidential Decree for his or her death in the amount equivalent to average onboard wages for his or her service of 1,300 days without delay. |
| (2) | Where a seafarer dies from a non-occupational cause while being in service onboard a ship (including death under medical treatment under Article 94 (2)), a shipowner shall compensate a bereaved family prescribed by Presidential Decree for his or her death in the amount equivalent to average onboard wages for his or her service of 1,000 days without delay: Provided, That this shall not apply where a seafarer dies from a cause by his or 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 onboard wages for his or 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 or she shall reimburse funeral expenses to a person who has actually held a funeral. |
| Article 101 (Compensation for Missing Seafarers) |
| (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 or her service of one month plus average onboard wages for his or 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 or her belongings due to maritime casualties while he or she is onboard, a shipowner shall compensate him or her for his or her belongings lost in the amount equivalent to the value thereof within the extent of ordinary wages for his or her service of two months.
| Article 103 (Relationship to 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 or 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 on Dec. 27, 2016> |
| (2) | Where a shipowner pays accident compensation, he or 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 sickness. <Newly Inserted on 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 occupational injury, disease, or death of a seafarer, 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 master 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 or 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 (Taking out Accident Compensation Insurance) |
| (1) | A shipowner shall take out insurance or become a member of mutual aid prescribed by Presidential Decree (hereinafter referred to as “accident compensation insurance, etc.”) so that he or she can make accident compensation fully to all seafarers onboard the relevant ship. <Amended on Jan. 6, 2015; Dec. 27, 2016> |
| (2) | Where a shipowner takes out accident compensation insurance, etc., the insured amount shall be at least the average amount of onboard wages. <Newly Inserted on Jan. 6, 2015; Dec. 27, 2016> |
| (3) | Where a shipowner takes out accident compensation insurance, etc., he or 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 on Dec. 27, 2016> |
| (4) | Notwithstanding Article 469 of the Civil Act, where a seafarer, or his or 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 on 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 on Dec. 27, 2016> |
[Title Amended on Dec. 27, 2016]
| Article 106-2 (Restrictions on Termination of Accident Compensation Insurance) |
| (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 or 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 or her for accident compensation insurance, etc.; |
| 2. | When a shipowner concludes a contract with him or 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 or her for accident compensation insurance, etc. has failed to conclude a contract again with him or 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), the Minister 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 on Dec. 27, 2016]
CHAPTER XI WELFARE, EMPLOYMENT SECURITY AND EDUCATION AND TRAINING
| Article 107 (Formulation 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 on Jan. 15, 2019> |
| (2) | A seafarer policy master plan shall include the following matters: <Amended on Dec. 11, 2018; Jan. 4, 2022> |
| 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- and 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 on 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 seafaring manpower: |
| (a) | Estimation of the demand for, as well as the cultivation of, seafaring manpower; |
| (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 seafaring manpower; |
| 3. | Matters related to the education and training of seafaring manpower: |
| (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) | Matters related to education on the protection of the labor rights and human rights of seafarers (including operation of educational institutions, training of human resources, support for research and development of related programs, etc.); |
| (e) | 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 on 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 or 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 on 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: <Amended on Jan. 15, 2019> |
| 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 seafaring manpower, and the education and training of seafaring manpower. |
| (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 such cases, at least 1/3 of the members shall be representatives of seafarer-related organizations or experts. <Amended on Jan. 15, 2019> |
| (7) | Other matters necessary for the composition, operation, etc. of the Seafarer Policy Committee shall be prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
[This Article Wholly Amended on 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 seafaring manpower and promote the employment security of seafarers: <Amended on 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 seafaring manpower, and countermeasures against unemployment; |
| 3. | Business concerning the direction and supervision on the seafarer recruitment and placement service 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 on Mar. 23, 2013> |
| Article 109 (Registration of Job Seeking and Job Offers for Seafarers) |
| (1) | A person who intends to be in service onboard a ship shall register himself or 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 on 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 on Mar. 23, 2013> |
| (3) | When an institution for registration of job seeking and job offers provides a seafarer recruitment and placement service, it may request an association of shipowners or association of companies engaged in seafarer recruitment and placement service under Article 112 to cooperate therewith. |
| Article 110 (Prohibition of Seafarer Recruitment and Placement Service) |
No person other than an institution for registration of job seeking and job offers, a seafarer recruitment and placement agency 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 be engaged in seafarer recruitment and placement service. <Amended on Mar. 23, 2013>
| Article 111 (Prohibition of Receiving Money and 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 Recruitment and Placement Service) |
| (1) | Where the Minister of Oceans and Fisheries intends to formulate or change a seafarer recruitment and placement service system, he or she shall consult with a related association of shipowners and seafarers' union. <Amended on 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 recruitment and placement service"). |
| (3) | A person engaged in a seafarer recruitment and placement service (hereinafter referred to as "seafarer recruitment and placement agency") 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 or she shall be deemed a shipowner. |
| (4) | Where a seafarer recruitment and placement agency is entrusted with seafarer recruitment and placement service or there is a change in the details thereof, he or she shall report the same to the competent maritime affairs and port authorities. |
| (5) | Upon receiving a report under paragraph (4), the maritime affairs and port authorities shall review the details of the report and accept it if the report complies with this Act. <Newly inserted on Jun. 15, 2021> |
| (6) | A seafarer recruitment and placement agency shall advise a seafarer who intends to be in service onboard a ship of the details of the entrusted business before he or she enters into a seafarers' employment agreement with a seafarer. <Amended on Jun. 15, 2021> |
| (7) | Where a seafarer recruitment and placement agency is entrusted with human resources management business of seafarers by a shipowner (including a foreigner), he or she shall include the following matters in such business: <Amended on Jun. 15, 2021> |
| 1. | Matters concerning the conditions of employment; |
| 2. | Matters concerning accident compensation. |
| (9) | A seafarer recruitment and placement agency shall comply with the following matters in providing seafarer recruitment and placement service to protect the rights and interests of seafarers: <Newly Inserted on Jun. 15, 2021> |
| 1. | The timing for payment and amount of wages, retirement allowances, paid leave allowances, accident compensation expenses, etc. to be paid to a seafarer by a seafarer recruitment and placement agency pursuant to a contract for entrusted management of seafarers; |
| 2. | Prohibition of arranging the employment of a person under 16 years of age as a seafarer for the other party to the contract. |
| (10) | The Minister of Oceans and Fisheries may summon seafarer recruitment and placement agencies and other relevant persons, request them to submit documents, and have public officials under his or her jurisdiction enter a place of business to conduct fact-finding surveys for the purpose of inspecting whether seafarer recruitment and placement agencies comply with matters prescribed in the subparagraphs of paragraph (9). <Newly Inserted on Jun. 15, 2021> |
| (11) | Where a seafarer recruitment and placement agency violates paragraph (9) 1 according to the results of inspection under paragraph (10), the Minister of Oceans and Fisheries may issue a corrective order. <Newly Inserted on Jun. 15, 2021> |
| Article 113 (Observance of International Convention) |
| (1) | An institution for registration of job seeking and job offers, seafarer recruitment and placement agency, or organization or institution related to maritime affairs and fisheries that conducts official business with permission from the Minister of Oceans and Fisheries shall operate seafarer recruitment and placement service 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 Convention in relation to job placement of seafarers. <Amended on Mar. 23, 2013> |
| (2) | Where a shipowner intends to employ a seafarer through a seafarer recruitment and placement agency in a country to which the Maritime Labor Convention does not apply, he or she shall ascertain whether a seafarerrecruitment and placement agency meets the standards of the Maritime Labor Convention and then shall employ a seafarer introduced by a seafarer recruitment and placement agency that meets the standards prescribed by the Maritime Labor Convention, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 114 (Lodging Complaint and Conducting Investigation) |
Where a seafarer lodges a complaint in relation to recruitment and placement activities of an institution for registration of job seeking and job offers, seafarer recruitment and placement agency, 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, the Minister may have the relevant shipowner and the representatives of seafarers participate in such investigation. <Amended on Mar. 23, 2013>
| Article 115 (Managing Demand and Supply of Seafaring Manpower) |
| (1) | The Minister of Oceans and Fisheries may establish a system for the management of demand and supply of seafaring manpower (hereinafter referred to as "system for the management of demand and supply of seafaring manpower") to improve the qualification of seafarers and promote the balance of demand and supply of seafaring manpower. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries deems it inevitable to adjust the demand and supply of seafaring manpower because the demand and supply of seafaring manpower has lost its balance, he or she may take necessary measures, such as setting priorities in supplying seafaring manpower after deliberation by the Seafarer Policy Committee referred to in Article 107 (5). <Amended on Mar. 23, 2013; Jan. 6, 2015; Jan. 15, 2019> |
| (3) | Matters necessary for the enforcement of a system for the management of demand and supply of seafaring manpower 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 on Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall restrict a seafarer who fails to complete education and training under paragraph (1) from being in service onboard a ship, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| (3) | A seafarer, a person who intends to be a seafarer, a shipowner, and a person in charge of labor and personnel affairs related to seafarers at the place of business of a seafarer recruitment and placement agency shall receive education on the protection of the labor rights and human rights of seafarers. <Newly Inserted on Jan. 4, 2022> |
| (4) | Other matters necessary for the details of and timing, procedures, etc. for education provided in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 4, 2022> |
[Title Amended on Jan. 4, 2022]
| 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 on 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 or 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 on 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 on 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 on 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 or she may subsidize working expenses or lend State property or port facilities without compensation to a person who conducts the relevant services. <Amended on 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 or she modifies the rules of employment: <Amended on 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 hours of work, holidays, service on 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 on 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 conditions of employment 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 or 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 or she shall hear the opinion of the majority of seafarers: Provided, That where he or she changes the rules of employment to the disadvantage of seafarers, he or she shall obtain their consent. |
| (2) | Where a shipowner reports the rules of employment pursuant to Article 119 (1), he or 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 on 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 seafarers' employment agreement that stipulates the conditions of employment 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.
| Article 123 (Inspection on Working Standards of Seafarers) |
| (1) | The Minister of Oceans and Fisheries shall inspect a ship and other place of business every three years to ascertain whether the working and living standards of seafarers meet the standards prescribed by this Act or relevant statutes or regulations: Provided, That he or she may exempt a ship that keeps a maritime labor certificate, etc. pursuant to Article 136 (1) from inspection. <Amended on 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 Dispositions) |
| (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 on 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 risk to the relevant ship and persons aboard a ship, the Minister of Oceans and Fisheries may order him or her to suspend his or 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 on 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 or she deems unnecessary to continue such disposition on the ship, he or she shall without delay cancel such disposition. <Amended on Mar. 23, 2013> |
| (4) | Where a survival craft and rescue boat pilot under Article 64 (4) or a person in charge of medical care under Article 85 (3) lends his or her qualification certificate to another person, the Minister of Oceans and Fisheries may revoke the qualification. <Newly Inserted on Feb. 18, 2020> |
| Article 125 (Seafarers’ Labor Inspector) |
| (1) | The Ministry of Oceans and Fisheries shall employ seafarers’ labor inspectors to conduct inspections under Article 123 and supervise seafarers' labor conditions. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for qualifications, appointment and dismissal, and duties of a seafarers’ labor inspector shall be prescribed by Presidential Decree. |
| Article 126 (Authority of Seafarers’ Labor Inspector) |
| (1) | A seafarers’ labor inspector 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 business to inspect or question, for the purpose of supervising seafarers' labor conditions under this Act. |
| (2) | Where a seafarers’ labor inspector has access to and inspects a ship or other place of business pursuant to paragraph (1), he or 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 or she gives prior notice thereof, he or she deems it impossible to achieve the purposes of the inspection due to destruction of evidence, etc. |
| (3) | A seafarers’ labor inspector who has access to and inspects a ship or other place of business pursuant to paragraph (1) shall carry an identification indicating his or her authority and show it to interested persons, and produce a document in which his or her name, the time of access, the purpose of access, etc. are stated to interested persons at the time of his or her access. |
| (4) | A seafarers’ labor inspector may commission a doctor to examine a seafarer deemed to have a disease who should be prohibited from being in service onboard a ship. |
| (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 on Mar. 23, 2013> |
| Article 127 (Judicial Police Power) |
| (2) | Only a public prosecutor and a seafarers’ labor inspector 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 seafarer labor relations: Provided, That this shall not apply to an investigation of a crime concerning duties of a seafarers’ labor inspector. |
| Article 128 (Duty of Confidentiality) |
| (1) | A person who is or was a seafarers’ labor inspector shall not divulge confidential information he or she learned while performing duties. |
| (2) | A seafarers’ labor inspector shall perform his or her duties fairly and independently. |
| (3) | A seafarers’ labor inspector shall not conduct business in which he or she has direct or indirect interests in relation to the supervision of seafarers' labor. |
| Article 129 (Reporting to Inspection Agencies) |
| (1) | Where a seafarer recognizes the existence of the fact that a shipowner or master has violated this Act, the Labor Standards Act, or an order issued under this Act, he or she may lodge a complaint with the shipowner or master, or report the fact to the competent maritime affairs and port authorities, seafarers’ labor inspector or the Seafarers Labor Relations Commission as prescribed by Presidential Decree. |
| (2) | A shipowner shall not cancel a seafarers' employment agreement with a seafarer or treat him or her unfavorably by reason that he or 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 on Mar. 23, 2013> |
| (4) | A shipowner shall establish an on-board complaint procedure which includes the following and post it in a conspicuous place onboard the ship to deal with complaints lodged by seafarers pursuant to paragraph (1): <Amended on Nov. 28, 2017> |
| 1. | How seafarers can lodge a complaint onboard; |
| 2. | On-board complaint procedure flowchart; |
| 3. | Person in charge of complaints onboard; |
| 4. | Duties and authority of the person in charge of complaints onboard 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 with foreign seafarers onboard shall prepare and post the on-board complaint procedure required by paragraph (4) in the native languages of all foreign seafarers on board the ship or in English as well. <Newly Inserted on Nov. 28, 2017> |
| Article 129-2 (Guidance and Inspection of Operation of Seafarer's Training) |
| (1) | The Minister of Oceans and Fisheries may provide a shipowner with guidelines and inspections on the performance of practical training, such as compliance with the hours of practical training and the hours of rest, etc. under Article 61-2 and on-the-job training under Article 21-2 of the Ship Officers Act, if necessary, such as requiring the shipowner to submit a report or data or requiring the relevant public official to conduct an on-site inspection, etc.; |
| (2) | Where the Minister of Oceans and Fisheries conducts an on-site inspection under paragraph (1), he or she shall notify the person undergoing the on-site inspection of necessary matters, such as the date and time of the inspection and the details of the inspection, in advance: Provided, That the same shall not apply where it is urgent or deemed that the objectives of inspection may not be accomplished if such notification is made in advance. |
| (3) | A person who has access or makes an on-site inspection pursuant to paragraphs (1) and (2) shall carry an identification card indicating his or her authority and present it to interested persons. |
[This Article Newly Inserted on Feb. 18, 2020]
| 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 or 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 on Mar. 23, 2013> |
| 1. | A safe manning document issued by a flag state and whether seafarers according to such certificate are onboard; |
| 2. | Whether watchkeeping is maintained in accordance with the standards of the watchkeeping in the STCW Convention; |
| 3. | Whether a seafarer carries a valid certificate of qualifications for a seafarer or certificate of the exemption therefrom in accordance with the STCW Convention; |
| 4. | Whether a ship carries a maritime labor certificate and a declaration of maritime labor compliance in accordance with the Maritime Labour Convention; |
| 5. | Whether a shipowner observe the working and living standards of seafarers in accordance with the Maritime Labour Convention. |
| (2) | Where the Minister of Oceans and Fisheries inspects a ship pursuant to paragraph (1), he or she may require a public official under his or her jurisdiction to enter the ship, inspect books, documents, and other articles, question the relevant seafarer, or directly examine the working and living standards, etc. of seafarers. <Amended on Mar. 23, 2013> |
| Article 133 (Procedures 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 maritime labor certificate and a declaration of maritime labor compliance in accordance with the Maritime Labour Convention; |
| (b) | Whether the working and living standards of seafarers meet the standards of the Maritime Labour Convention; |
| (c) | Whether a ship has changed her registry to avoid compliance with the Maritime Labour 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 master of the fact that he or she will conduct detailed inspections: |
| (a) | Where he or 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 seriously violated the standards of the Maritime Labour Convention 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 working and living standards of seafarers do not conform to the standards of the Maritime Labour 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 on 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 give an order to detain the ship or detain 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 Labour Convention seriously or repeatedly. |
| (5) | Where the Minister of Oceans and Fisheries conducts a disposition imposed under paragraph (4), the Minister shall take measures prescribed by Presidential Decree, such as notifying a flag state of such disposition. <Amended on Mar. 23, 2013> |
| Article 134 (Procedures for Handling of Complaints by Seafarers on Foreign Ship) |
Where the Minister of Oceans and Fisheries receives a notification from a seafarer, etc. that a foreign ship at anchor or laid-up in a domestic port has violated the standards of the Maritime Labour Convention, he or she shall take measures prescribed by Presidential Decree, such as conducting an inspection pursuant to Article 132. <Amended on Mar. 23, 2013>
CHAPTER XIV MARITIME LABOR CERTIFICATE AND DECLARATION OF MARITIME LABOR COMPLIANCE
| Article 135 (Scope of Application) |
The provisions of this Chapter shall apply to any of the following ships (excluding fishing vessels):
| 1. | A seagoing ship the gross tonnage of which is not less than 500 tons and which is engaged on an international voyage; |
| 2. | A seagoing ship the gross tonnage of which is not less than 500 tons and which navigates 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 Maritime Labor Certificate on Ship) |
| (1) | The owner of a ship falling under Article 135 shall keep a maritime labor certificate issued pursuant to Article 138 and a declaration of maritime labor compliance approved according to procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries on a ship, and post one copy each of them in a conspicuous place on the ship. <Amended on Mar. 23, 2013> |
| (2) | The form and content of a declaration of maritime labor compliance under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 137 (Inspection for Certification of Maritime Labor Certificate) |
| (1) | Where the owner of a ship falling under Article 135 intends to be issued a maritime labor certificate pursuant to Article 138 (1), he or she shall undergo an inspection for certification according to the following classifications: <Amended on Mar. 23, 2013> |
| 1. | The initial inspection for certification: The initial inspection conducted to ascertain whether maritime labor conditions meet the standards of this Act and the Maritime Labour Convention; |
| 2. | Inspection for renewal of certification: An inspection conducted when the period of validity of a maritime labor certificate expires; |
| 3. | Intermediate inspection for certification: 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 certification or between an inspection for renewal of certification and inspection for renewal of certification. |
| (2) | Specific standards of an inspection for certification, such as the working and living standards of seafarers, shall be prescribed by Presidential Decree. |
| (3) | Where a shipowner intends to put a ship into navigation 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 certification under paragraph (1) 1, he or she shall undergo a temporary inspection for certification. <Amended on Mar. 23, 2013> |
| (4) | Where there are reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as substantial alteration of seafarer accommodations on a ship or arising of a labor dispute on a ship, the Minister of Oceans and Fisheries may conduct an additional inspection for certification. <Amended on Mar. 23, 2013> |
| (5) | Matters necessary for the details of, procedures for and a method of an inspection for certification under paragraphs (1), (3), and (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (6) | The owner of a ship falling under Article 135 shall not put a ship that fails to pass the relevant inspection for certification into navigation: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a trial of a ship. <Amended on Mar. 23, 2013> |
| Article 138 (Issuance of Maritime Labor Certificate) |
| (1) | The Minister of Oceans and Fisheries shall issue a maritime labor certificate for a ship that has passed the initial inspection for certification under Article 137 (1) 1 or an inspection for renewal of certification 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 to public. <Amended on Mar. 23, 2013> |
| (2) | Notwithstanding paragraph (1), where a foreign ship is issued a maritime labor certificate after undergoing the initial inspection for certification or an inspection for renewal of certification 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 on a ship, the maritime labor certificate 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 maritime labor certificate issued pursuant to paragraph (1) for a ship that has passed an intermediate inspection for certification under Article 137 (1) 3 or additional inspection for certification under paragraph (4) of that Article, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall issue an interim maritime labor certificate for a ship that has passed an interim inspection for certification under Article 137 (3), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (5) | The period of validity of a maritime labor certificate issued pursuant to paragraph (1) shall be prescribed by Presidential Decree within the extent of five years: Provided, That the period of validity of an interim maritime labor certificate 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 on Mar. 23, 2013> |
| (7) | Where a shipowner fails to pass an intermediate inspection for certification under Article 137 (1) 3, the effect of a maritime labor certificate issued pursuant to paragraph (1) shall be suspended until he or she passes such inspection. |
| (8) | Where it is discovered that a ship which has been issued a maritime labor certificate has failed to meet the standards under Article 137 (2) as a result of an additional inspection for certification, the Minister of Oceans and Fisheries may order a shipowner to take necessary corrective measures within a prescribed period, and where he or she fails to comply with such order, the Minister of Oceans and Fisheries may order him or her to return a maritime labor certificate. <Amended on Mar. 23, 2013> |
| Article 139 (Maritime Labor Inspector) |
The Minister of Oceans and Fisheries may appoint a maritime labor inspector (hereinafter referred to as "maritime labor inspector") who is to conduct the following affairs from among public officials under his or her jurisdiction who have relevant qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013>
| 1. | Affairs including the inspection of foreign ships pursuant to Articles 132 through 134; |
| 2. | Affairs concerning approval of a declaration of maritime labor compliance under Article 136 (1); |
| 3. | Affairs concerning an inspection for certification, interim inspection for certification, and additional inspection for certification under Article 137 (1), (3) and (4); |
| 4. | Affairs concerning the issuance of a maritime labor certificate under Article 138. |
| Article 140 (Conduct of Labor Inspection as Recognized Organization) |
| (1) | Where deemed necessary, the Minister of Oceans and Fisheries may have a recognized organization conduct affairs provided for in subparagraphs 2 through 4 of Article 139 on his or her behalf. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with a recognized organization (hereinafter referred to as "RO for labor inspection"), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for standards for designation of an RO for labor inspection, qualifications for a person who may be engaged in labor inspection, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | A person who intends to undergo labor inspection, etc. by an RO for labor inspection pursuant to paragraph (1) shall pay a fee fixed by the relevant RO for labor inspection. |
| (4) | An RO for labor inspection 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 on Mar. 23, 2013> |
| (5) | An RO for labor inspection shall report to the Minister of Oceans and Fisheries regarding a vicarious labor inspection for authentication, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (6) | Where an RO for labor 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 or she shall cancel its designation: <Amended on Mar. 23, 2013> |
| 1. | Where it obtains designation by fraud or other improper means; |
| 2. | Where it fails to meet the standards for designation of an RO for labor inspection; |
| 3. | Where it is deemed incapable of conducting business concerning labor inspection; |
| 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 a vicarious labor inspection, in violation of paragraph (5); |
| 6. | Where it continues to conduct a vicarious labor inspection 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 on Mar. 23, 2013> |
| (8) | Where the Minister of Oceans and Fisheries intends to cancel designation of an RO for labor inspection pursuant to paragraph (6), he or she shall hold a hearing. <Amended on Mar. 23, 2013> |
| Article 141 (Filing Objections) |
| (1) | A person dissatisfied with labor inspection 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 on 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 on 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 on Mar. 23, 2013> |
CHAPTER XV KOREA SEAFARER'S WELFARE AND EMPLOYMENT CENTER
| Article 142 (Establishment) |
| (1) | The Minister of Oceans and Fisheries shall establish 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 on 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 on 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 on Mar. 23, 2013> |
| Article 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 on 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 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 of Business Plan) |
| (1) | The business year of the Center shall follow the fiscal year of the Government. |
| (2) | The Center shall prepare a business 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 on 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 on Mar. 23, 2013> |
| Article 148 (Guidance 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 or her jurisdiction to inspect books, documents, facilities and other articles of the Center. <Amended on 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 on 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 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 Officials for Purposes of Applying Penalty Provisions) |
CHAPTER XVI SUPPLEMENTARY PROVISIONS
| Article 151 (Posting of Notice on Ship) |
| (1) | A shipowner prescribed by Presidential Decree shall post the following documents in a conspicuous place on 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 repatriation insurance, etc. has been purchased, the procedures for claiming and paying the expenses incurred in seafarers' repatriation, 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 on a ship: |
| 1. | Documents describing this Act and the orders issued under this Act; |
| 2. | A copy of a seafarers' employment agreement prepared pursuant to Article 43 (1); |
| 3. | Documents describing matters concerning the working and living standards of seafarers prepared in Korean and English as prescribed by the Minister of Oceans and Fisheries. |
[This Article Wholly Amended on 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 seafarers' repatriation, or accident compensation shall not be subject to transfer or foreclosure. <Amended on Dec. 27, 2016>
| Article 152-2 (Preferential Payment of Wage Claims) |
| (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. | The expenses for medical treatment, compensation, 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. | Wages for the latest four months under Article 52; |
| 2. | The retirement allowances for the latest four years prescribed in Article 55. |
| 3. | The expenses for medical treatment, compensation, or funeral expenses provided for in Articles 94 through 102. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 153 (Retention of Documents) |
A shipowner shall retain the seafarers' list, a seafarers' employment agreement, 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 STCW Convention: <Amended on Mar. 23, 2013>
| 1. | Where a shipowner or master allows a seafarer to be in service onboard a ship without a certificate of qualifications required by the STCW Convention; |
| 2. | Where the relevant master 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 in accordance with the STCW Convention; |
| 3. | Where a person does not hold an appropriate certificate of seafarer qualifications under the STCW Convention and is in service on- board by fraud or other improper 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 certification, etc. of a certificate under this Act, or an examination for a cook on a ship or a person in charge of medical care under Article 76 (2) or Article 85 (3) shall pay a fee prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; 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 on Jan. 6, 2015> |
| Article 156 (Special Cases concerning Prescription) |
A claim of a seafarer on a shipowner (including a claim for accident compensation) shall lapse by prescription unless he or she fails to exercise his or her claim for three years.
| Article 157 (Application to the State or Local Governments) |
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 or her authority under this Act to the head of an agency under his or her jurisdiction or entrust part of his or 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 on 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 on Mar. 23, 2013> |
| Article 159 (Electronic Processing of Civil Petition Affairs) |
Article 26 of the Harbor Act shall apply mutatis mutandis to the electronic processing, etc. of civil petition affairs under this Act. <Amended on Jan. 29, 2020>
CHAPTER XVII PENALTY PROVISIONS
| Article 160 (Penalty Provisions) |
Where a master abuses his or her authority to force crews or persons on a ship to do work that they have no duty to engage in or to prevent them from exercising their right, the master shall be punished by imprisonment with labor for not less than one year but not more than five years or a fine of not less than 10 million won and not more than 50 million won. <Amended on Feb. 18, 2020>
| Article 161 (Penalty Provisions) |
A person who violates the main clause of Article 11 shall be punished in accordance with the following classifications: | 1. | A master 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 crew 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 10 million won. |
[This Article Wholly Amended on Jan. 6, 2015]
| Article 162 (Penalty Provisions) |
A person who violates the main clause of Article 12 shall be punished in accordance with the following classifications: | 1. | A master 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 master 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 master 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 10 million won. |
[This Article Wholly Amended on Jan. 6, 2015]
| Article 163 (Penalty Provisions) |
Where a master falls under any of the following, he or she shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won: <Amended on Jan. 6, 2015>
| 1. | Where he or she fails to take all necessary measures for the rescue of human lives, in violation of Article 13; |
| 2. | Where he or she abandons a ship; |
| 3. | Where he or she abandons a crew in a foreign country. |
| Article 164 (Penalty Provisions) |
Where a master falls under any of the following, he or she shall be punished by imprisonment with labor for not more than one year or a fine not exceeding 10 million won: <Amended on Jan. 6, 2015; Jun. 15, 2021>
| 1. | Where he or 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 or she fails to file a report prescribed in Article 7 (2) or files a false report; |
| 1-3. | Where he or she fails to make a request for measures prescribed in Article 7 (3); |
| 2. | Where he or she changes the planned ship's route, in violation of Article 8; |
| 3. | Where he or she fails to command the direct steering of a ship, in violation of Article 9 (1); |
| 4. | Where he or she leaves a ship, in violation of Article 10; |
| 5. | Where he or she violates a duty to secure the safety of a voyage under Article 16; |
| 6. | Where he or she fails to take measures for the delivery of a dead body, in violation of Article 17 (1); |
| 7. | Where he or she refuses the repatriation of a citizen of the Republic of Korea in violation of Article 19 (1); |
| 8. | Where he or she falsely prepares and keeps documents under the subparagraphs of Article 20 (1); |
| 9. | Where he or she files a false report under Article 21; |
| 10. | Where he or she refuses a seafarer's request for medical treatment of an injury or sickness, in violation of Article 82 (6). |
| Article 165 (Penalty Provisions) |
| (1) | Where a crew uses violence to or threatens his or her senior while performing his or her duties, he or she shall be punished by imprisonment with labor for not more than three years or a fine of not exceeding 30 million won. <Amended on 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 10 million won. |
| (3) | In cases falling under paragraph (2), where a person goes on the relevant strike by reason that a shipowner (including his or her agent) violates statutes and regulations against the interests of seafarers or violates a seafarers' employment agreement without good cause, he or she shall not be punished. |
| Article 166 (Penalty Provisions) |
Where a crew falls under any of the following, he or she shall be punished by imprisonment with labor for not more than one year:
| 1. | Where he or she leaves a ship without a master's permission where a ship is in critical danger; |
| 2. | Where he or she fails to obey an official order of his or her senior where a master 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 or she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 6, 2015>
| 1. | Where a shipowner cancels a seafarers' employment agreement 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 seafarers' employment agreement, 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 or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jan. 6, 2015; Feb. 18, 2020> |
| 1. | Where he or she violates Article 52 (1) through (4); |
| 2. | Where he or she fails to pay monthly fixed wages, a production allowance or percentage wages in violation of Article 57 (1) or (3); |
| 3. | Where he or she fails to pay an overtime allowance in violation of Article 62 (1) or (2); |
| 4. | Where he or she violates Article 91 (2) or (4) through (6); |
| 5. | Where he or 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 or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Mar. 23, 2013; Jan. 6, 2015>
| Article 170 (Penalty Provisions) |
Where a shipowner falls under any of the following, he or she shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Dec. 31, 2011; Jan. 6, 2015; Feb. 18, 2020; Jun. 15, 2021>
| 1. | Where he or she enters into a contract that stipulates for compulsory savings, etc., in violation of Article 30; |
| 2. | Where he or she fails to pay not less than 30 days' ordinary wages, in violation of Article 33 (1); |
| 3. | Where he or she fails to pay a retirement allowance, in violation of Article 55 (1) or (5); |
| 3-2. | Where he or she exceeds the hours of practice referred to in Article 61-2 (1), or conducts practice without granted the hours of rest or holidays referred to in paragraph (2) or (3) of that Article; |
| 4. | Where he or she fails to grant paid leave, in violation of Article 62 (5); |
| 5. | Where he or she fails to grant paid leave, in violation of Article 69 (1) or (4); |
| 6. | Where he or she fails to pay a paid leave allowance, in violation of Article 73 (1) or (2); |
| 7. | Where he or she fails to grant paid leave to fishers, in violation of Article 74 (1); |
| 8. | Where he or she employs a person under 16 years of age as a seafarer, in violation of Article 91 (1); |
| 9. | Where he or she has a seafarer under 18 years of age engage in night work, in violation of Article 92 (1); |
| 10. | Where he or 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 or 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 that 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 or she fails to make injury and sickness compensation, in violation of Article 96; |
| 13. | Where he or she fails to make compensation for disability, in violation of Article 97; |
| 14. | Where he or she fails to make compensation for the bereaved family, in violation of Article 99 (1) or (2); |
| 15. | Where he or she fails to reimburse funeral expenses, in violation of Article 100; |
| 16. | Where he or she fails to make compensation for unknown whereabouts, in violation of Article 101; |
| 17. | Where he or she cancels a seafarers' employment agreement or treats a seafarer unfavorably, in violation of Article 129 (2). |
| Article 171 (Penalty Provisions) |
A person who provides a seafarer recruitment and placement service, in violation of Article 110, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Jan. 6, 2015>
| Article 172 (Penalty Provisions) |
Where a shipowner violates Article 7 (4) or 82 (1) through (3), he or she shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Jan. 6, 2015>
| Article 173 (Penalty Provisions) |
| (1) | Where a shipowner, repatriation insurer, etc., or accident insurer, etc. falls under any of the following, he or she shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jan. 6, 2015; Dec. 27, 2016; Feb. 18, 2020; Jun. 15, 2021> |
| 1. | Where he or she fails to give an unemployment allowance, in violation of Article 37; |
| 2. | Where he or she fails to repatriate a seafarer, in violation of Article 38 (1); |
| 3. | Where he or she requests a seafarer to reimburse expenses for repatriation in advance, in violation of Article 38 (4); |
| 4. | Where he or she fails to give a repatriation allowance, in violation of Article 39; |
| 5. | Where he or she fails to take out repatriation insurance, etc., in violation of Article 42-2 (1); |
| 5-2. | Where he or she fails to pay expenses incurred in seafarers' repatriation within a set period, in violation of Article 42-2 (4) without good cause; |
| 6. | Where he or she fails to pay wages to a seafarer serving onboard during his or her injury or sickness, in violation of Article 54; |
| 7. | Where he or 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 or she fails to have a seafarer with relevant qualifications be onboard a ship, in violation of Article 64 (1) through (6); |
| 9. | Where he or she fails to obtain approval of the complement in violation of Article 65 (1) or (2), or fails to have the complement work onboard a ship or fill a vacancy, in violation of paragraph (4) of that Article; |
| 10. | Where he or she violates qualifications for and the complement of seafarers under Article 66; |
| 10-2. | Where he or she has a person who fails to meet the standards for aptitude test be in service onboard a ship as the master of a passenger ship, in violation of Article 66-2 (2); |
| 11. | Where he or 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 that Article; |
| 12. | Where he or she fails to provide meals on a ship under Article 76 (1), or fails to have a cook be in service onboard a ship, in violation of paragraph (2) of that Article; |
| 13. | Where he or she fails to have a doctor be in service onboard a ship, in violation of Article 84; |
| 14. | Where he or she fails to employ a person in charge of medical care on 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 care as a manager of medical care, in violation of paragraph (2) of that Article; |
| 15. | Where he or she fails to employ a person in charge of first aid on 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 that Article; |
| 16. | Where he or she fails to make compensation for loss of belongings, in violation of Article 102; |
| 17. | Where he or she fails to take out 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 onboard wages, in violation of paragraph (2) of that Article; |
| 18. | Where he or 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) |
The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jun. 15, 2021>
| 1. | A person who reports a seafarers' employment agreement under Article 43 (1) by fraud or other improper means; |
| 2. | A person who is issued a seafarer's book, or is issued a seafarer's identity document or receives a revision thereon by fraud or other improper means; |
| 3. | A person who is lent or uses a seafarer's book or seafarer's identity document of another; |
| 4. | A person who uses a seafarer's book or seafarer's identity document unlawfully or lends it to another, in violation of Article 50; |
| 4-2. | A seafarer recruitment and placement agency who arranges the employment of a person under 16 years of age as a seafarer for the other party to the contract, in violation of Article 112 (9) 2; |
| 4-3. | A seafarer recruitment and placement agency who fails to comply with a corrective order of the Minister of Oceans and Fisheries, in violation of Article 112 (11); |
| 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 detention, in violation of Article 133 (4). |
| Article 175 (Penalty Provisions) |
| (1) | Where a shipowner violates Article 27 (1), 53, 91 (3), or 93, he or she shall be punished by a fine not exceeding 10 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 inspector violates Article 128 (1), he or she shall be punished by a fine not exceeding 10 million won. <Amended on Jan. 6, 2015>
| Article 177 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on 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 or her wages in advance or subleased claims in violation of Article 31; |
| 3. | A shipowner who fails to prepare or report a seafarers' employment agreement or fails to give one copy of a seafarers' employment agreement 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 puts a ship that has failed to pass an inspection for certification into navigation, in violation of Article 137 (6); |
| 8. | A shipowner who fails to return a maritime labor certificate 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 Article 167 through 170, 172, 173, subparagraph 1 or 2 of Article 174, 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 on Dec. 27, 2016]
| Article 179 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 6, 2015> |
| 1. | A master who fails to conduct emergency drills referred to in Article 15 (1); |
| 2. | A master 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 master who causes any inconvenience to crews' hours of rest when conducting emergency drills, in violation of Article 15 (3); |
| 4. | A shipowner who fails to conduct his or 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 on Jan. 6, 2015; Dec. 27, 2016; Nov. 28, 2017; Jun. 15, 2021> |
| 3. | A person who fails to keep documents under Article 20 (1); |
| 5. | A person who fails to report under Article 23 (1); |
| 5-2. | A repatriation 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 that paragraph; |
| 6. | A person who fails to enter the names of seafarers onboard in the seafarers' list, in violation of Article 44 (2), or fails to obtain official approval of the seafarers' list, in violation of Article 44 (3); |
| 6-2. | A seafarer or seafarer recruitment and placement agency who fails to report overseas employment, in violation of Article 44-2; |
| 6-3. | A shipowner who retains a seafarer's identification card, such as a passport, on behalf of the seafarer, in violation of Article 50-2; |
| 6-4. | A person who refuses, interferes with, or evades reporting or submission of documents under Article 56-2 (1) or entrance for inspection under paragraph (2); |
| 6-5. | A person who fails to follow a corrective order provided in Article 56-2 (3); |
| 7. | A shipowner who fails to keep a logbook related to hours of work, hours of rest and overtime work, or fails to have a captain enter matters concerning hours of work, etc., in the book, in violation of Article 62 (3); |
| 8. | Deleted; <Jan. 6, 2015> |
| 9. | A master 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 or 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 be in service onboard a ship 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 that 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); |
| 13-2. | A person who refuses, obstructs, or evades a summon, a request for submission of documents, or a fact-finding survey under Article 112 (10); |
| 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 on 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 or 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 Who Vicariously Performs Duties of Master) |
The provisions of this Chapter that shall apply to a master shall also apply to a person who vicariously performs duties of a master.
ADDENDA <Act No. 11024, Aug. 4, 2011>
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: 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.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17032, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 160 shall enter into force on the date of its promulgation. Article 2 (Applicability to Administrative Dispositions)
The amended provisions of Article 124 (4) shall apply beginning with the first person who commits a violation.
ADDENDA <Act No. 18286, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 112 (5) shall enter into force one month after the date of the promulgation, and the amended provisions of Articles 44-2 and 179 (2) 6-2 shall enter into force six months after the date of the promulgation. Article 2 (Applicability to Reporting on Overseas Employment)
The amended provisions of Article 44-2 shall begin to apply to a seafarer who enters into a seafarers' employment agreement with a shipowner of foreign nationality and a seafarer who gets employed on a ship of foreign nationality through a seafarer recruitment and placement agency after this Act enters into force. Article 3 (Applicability to Payment of Injury and Disease Compensation)
The amended provisions of Article 96 (3) shall also apply to seafarers who are under medical treatment at the time this Act enters into force.
ADDENDA <Act No. 18425, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 18697, Jan. 4, 2022>
This Act shall enter into force one year after the date of its promulgation.