집단적 근로관계법상 선원의 권익 개선에 관한 연구

Abstract

This dissertation on the review of the Collective Labor and Management Laws deals with their actuality and proposes modification measures. Also, this paper suggests the reform measures against it. Therefore crew's right will increase the objective fact.

Crew are being applied to the Seaman's Law, in relation to the protection of right, which is especially established on the basis of the Labor Standard Law and the Labor Laws. However, there is still insufficient work protection, and also the Labor Laws of crew which follows peculiarity of sea work is limitative. This acts as a primary factor of evading of seaman's occupation. In other words, this is concerned with a mixed factor as social and international competition, discrimination of social system and suffrage, limit for the collective Act right, job composition's boundary. It appeared to a reason that Korean crew has evaded labor at sea and limited the right for the collective Labor and Management Laws.

The Labor and Management system is formed by the interaction of the labor union and the manager, and the intervention of the nation. The relationship of 3 organizations must be controlled voluntarily and efficiently. It is indisputable that crew must be protected for their basic Right of Law as normal workers. Also, crew and business owners were sympathized with necessity and justification of the crew labor union. However, there are differences in coverage and effective date of collective act right between Labor and Management. Consequently, it requires the legislative improvement for solving this problem by the agreement each other.

Above all, the working condition in the individual relationship has to be improved by solutions on limitation of crew's right. Next, the improvement of Collective Labor-Management relation must be supported. Therefore I suggest corrective measures in order to improve the collective Labor and Management Laws for the protection of the crew's right as follows.

First, Article 27 of the Seaman's Laws must provide the dispute act of crew by the Labor Union Law in the aspect of the securing crew's three basic labor rights. All together, it must become the legislation which permits a dispute act with the condition that relaxes the limit of the specific vessel and fishing vessel in order to guarantee collective Act realistically.

Second, if vessels or its areas are not applied to the Seamen Laws, the workers or crew will be a problem as union members. So crews can be onboard vessels which received application in the Seamen Laws for enlargement of joining Crew's union. On top of it, despite that the vessel or the area is applied except for Seamen Laws, the ship's crew must be recognized as laborers in these union when they are workers in labor union laws.

Third, most crew are living and working onboard vessels. Therefore it is very difficult for them to meet for their Union Laws. Therefore, it has to be concerned with crew's feature and needs some special rules for them.

Above mentioned facts are acting as a reason of evasion of seaman's job, which is a typical feature of sea work. As a matter of fact, sea work has strongly been evaded because it is hard and unstable. So that, there is a tendency which hires the foreign crew in recent times. But this is becoming obstacle to our development in maritime country.

In Union practically, crew's protection policy is negligent compared with importance of marine transportation and fishing business. The improvement of individual labor condition of the crew is being stagnant because it does not improve the problems which group labor relation. Legislation policy must be improved to cultivate and protect Korean crew for comfortable and efficient transport by the vessel. As a result, our country would be continuously developed as a maritime country.