선내안전보건 관련 선원의 법적지위 연구

Abstract

The occupational accident rate of 9.49 percent for seafarer in 2020 according to the Korea Seafarer’s Statical Year Book is 19.4 times higher than the occupational accident rate of 0.49 percent for shore worker according the Analysis of the Status of Industrial Accident in 2020 issued by the Ministry of Employment and Labour. It means that the occupational accident rate of Seafarers is a very serious level. Korea's accident mortality rate(0.46‱) according to the Analysis of the Status of Industrial Accidents 2019 announced by the Ministry of Employment and Labor is also very high compared to developed countries(UK 0.04‱ and Japan 0.15‱). In order to improve the standard of the safety and health on board ship for the prevention of the occupational accident of seafarers, not only the improvement of relative regulations is important, but also the roles of shipowners and seafarers who implement them are important. In particular, in order to prevent the occupational accident of seafarers, it is essential to comply with the obligations of shipowners related to the safety and health on board a ship, as well as to cooperate with shipowners' actions. In the meantime the issue of the safety and health on board a ship has been discussed mainly by shipowners' performance obligations. As a result, seafarers have been recognized primarily as enjoying rights relating to the safety and health on board a ship. However, in respect of the safety and health aboard, seafarers are those who should primarily enjoy rights, but at the same time they are also parties subject to obligations. As a solution for preventing the occupational accident of seafarers, this study intends to study and propose amendments to redefine the seafarer’s legal position so that the seafarer can be independently and actively involved in preventing the occupational accident of seafarers through a comparative law review of crew rights and obligations of the safety and health aboard. The conclusions of this study are as follows. First, the Standards on the safety, health and accident prevention on board should be legislated and enforced in order to provide seafarers with rights of both public and private laws. Second, it is necessary to expand seafarers’ duties such as safe care for a third party, duty of reporting hazards, duty to take caution. Third, the duty of care for safety should be explicitly introduced in the Seafarers’ Act in order for seafarers to enable them to play positive and key roles in observing and implementing the safety and health standards and seafarer fulfillment claims should also be admitted for the case of breaching the duty of care for safety.