외국인선원(E-10)의 인권 침해 실태와 개선방안

Abstract

In the rural areas of Korean society, it is difficult to supply labour as the economically active population is declining. As a result, the demand for foreign workers is increasing rapidly, especially in the shipping industry, where foreign seafarers are recognized as an important labour force, and efforts are continuously being made to increase the number of foreign seafarers. However, foreign seafarers are exposed to the risk of human rights violations due to their special working environment and foreign status, and problems continue to arise. Therefore, it is necessary to prepare measures to prevent human rights violations of foreign seafarers and to improve the actual situation.
 Accordingly, based on this awareness of the problem, this study examined the actual conditions of foreign seafarers, focusing on reports about them. As a result of the review of domestic law and international human rights law, various problems were identified, such as the failure to guarantee the basic rights of foreign seafarers, the lack of working time regulations, the confiscation of passports and problems with employment contracts, and illegal activities due to dualisation. In order to solve these problems, this study proposed the following measures to improve the human rights of foreign seafarers. First, in order to resolve the problem of basic rights not being guaranteed due to the dualisation of the legal system, improvements are needed at the legislative level to guarantee minimum wage and prevent illegal wage arrears and deductions. Second, in order to solve the problem of the lack of clear regulations on seafarers' working hours, rest time regulations must be established in response to the application of minimum standards for seafarers and the extension of working hours. Thirdly, there is a need to introduce other forms of identification to replace passports or to establish a system for seafarers working at sea. In addition, in order to protect the health, safety, and human rights of seafarers, provisions for termination of employment contracts in special situations based on clear standards are necessary. Fourth, in order to solve the problem of illegal activities in the name of transmission fees or management fees due to dualisation, it is necessary to include provisions related to foreign seafarers in the Seafarers Act and take measures to strengthen the functions and responsibilities of relevant agencies. In addition, the government needs to strengthen specific regulations to ensure that the agreement process between transmission companies and the National Federation of Fisheries Cooperatives, which are agents for transmission fees and management fees, is conducted fairly. Fifth, practical management and supervision must be strengthened to prevent human rights violations arising from inconsistencies between the provisions of the Seafarers' Act and reality. In addition, it is necessary to provide a space for exchanging information by supporting the community of foreign seafarers, and to establish regulations to clearly prevent and monitor human rights violations of seafarers.
 At a time when the need for a policy to protect the human rights of foreign seafarers is being actively discussed, it is expected that the results of this study will be used as a basis for research on the respect and protection of the human rights of foreign seafarers.