선원의 안전보건법제 현황 및 개선방안 연구

Abstract

The purpose of this paper is to review the Occupational Safety and Health legislations applied to seafarer and to suggest improvement measures for the Occupational Safety and Health Act and the Seafarers Act. The methodology of this study is a historical review of the relationship between the Seafarers Act and the Occupational Safety and Health Act through the transitional history of the safety and health legislation. Also it considered whether the Occupational Safety and Health Act is applicable to seafarers subject to the Seafarers Act. In addition, through the analysis of occupational safety and health legislations in the U.K, Canada and Japan, what kind of legislative approach has been taken are surveyed. As a result, since the Occupational Safety and Health Act does not explicitly exclude the application to seafarers subject to the Seafarers Act, there is controversy over the interpretation of the law. Furthermore, the Seafarers Act needs to provide a legal basis for the implementation of the Maritime Labour Convention, 2006 as amended. and strengthening the safety and health of the cadet in the Seafarers Act. In the long term, the legislation concerning Seafarers Safety and Health Act would be required because there is a legislative limit to strengthen and implement occupational safety and health on board only with partial amendment of the Seafarers Act.