SEAFARERS ACT

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SEAFARERS ACT — 법갈피

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;

3. Where he or she carries a lethal weapon or narcotics under Article 2(1) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics into 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 Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>.

Article 25-4(Measures in cases of harassment on board) #

(1) Anyone who becomes aware of the occurrence of harassment on board may report such fact to the shipowner.

(2) Upon receipt of a report under paragraph (1) or becoming aware of the occurrence of harassment on board, the shipowner shall conduct an objective investigation on the relevant parties, etc. to verify the fact, without delay; provided, if the relevant ship is in operation, at a sea, or at a foreign port, an investigation may be conducted when it enters the next scheduled port or a domestic port, after hearing the opinion of a seafarer who suffers damage or claims to have suffered damage (hereinafter referred to as "damaged seafarer").

(3) If necessary to protect a damaged seafarer, etc. related to harassment on board during the period of investigation under paragraph (2), the shipowner shall take appropriate measures, such as the change of the working place of the relevant damaged seafarer, etc. or the issuance of an order to take a paid leave of absence. In such cases, the shipowner shall not take measures against the will of the damaged seafarer, etc.

(4) When the occurrence of harassment on board is verified as a result of investigation under paragraph (2), the shipowner shall take appropriate measures, such as the change of the working place, relocation, or issuance of an order to take a paid leave of absence, at the request of the damaged seafarer.

(5) Where the occurrence of harassment on board is verified as a result of investigation under paragraph (2), the shipowner shall, without delay, take necessary measures, such as disciplinary actions against the perpetrator of harassment on board or the change of the working place. In such cases, the shipowner shall hear the opinion of the damaged seafarers, etc. on such measures before taking disciplinary actions, etc.

(6) No shipowner shall dismiss seafarers who report the occurrence of harassment on board, damaged seafarers, etc. or treat them unfavorably.

(7) A person who investigates the occurrence of harassment on board under paragraph (2), receives a report on the details of investigation, or participates in any other investigation process shall not divulge confidential information that he or she becomes aware of in the course of investigation to any other persons against the will of the damaged seafarers, etc.; provided, this shall not apply where he or she reports the details relating to the investigation to the shipowner or provides necessary information at the request of a relevant institution.

[This Article Added on Oct. 24, 2023]

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").

(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 Added on Dec. 27, 2016]

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, 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 Decree 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 Decree of the Ministry of Oceans and Fisheries; provided, 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 Decree 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. <Added 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 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, 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, 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 60(Hours of work and hours of rest) #

(1) Hours of work shall be 8 hours a day and 40 hours a week; provided, 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 Decree 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 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, this shall not apply to the cases prescribed by Decree of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013>

1. A ship the gross tonnage of which is not less than 5,000 tons and navigating in ocean water designated pursuant to Article 8(3) of the Ship Safety Act;

2. A fishing vessel prescribed by Decree 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, 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 Decree 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 Decree 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. <Added on Dec. 11, 2018>

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);

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. <Added 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 Decree of the Ministry of Oceans and Fisheries. <Added 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 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. <Added 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.

(8) Regarding the obligations to pay premiums or charges under the National Health Insurance Act, the National Pension Act, and the Employment Insurance Act, a seafarer recruitment and placement agency shall be deemed an employer. <Amended on Jun. 15, 2021>

(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: <Added 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). <Added 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. <Added on Jun. 15, 2021>

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 rules to the competent maritime affairs and port authorities, as prescribed by Decree 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; Oct. 24, 2023>

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;

11. Matters concerning the prevention of harassment on board, the measures to be taken in cases of harassment on board, etc.

(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 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, when a complaint has been lodged pursuant to paragraph (1)1d, 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>

(6) Article 68(5) through (7) of the Ship Safety Act shall apply mutatis mutandis to an objection filed by a person dissatisfied with the disposition under paragraph (4) and procedures for the handling thereof.

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 Decree 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 Decree 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 Decree 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 Decree 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, this shall not apply to cases prescribed by Decree 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 Decree 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 Decree 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 Decree 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, 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 Decree 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 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 Decree 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 Decree 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, 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 Decree 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 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; Oct. 22, 2024>

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 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 179(Administrative fines) #

(1) Where a shipowner (including a shipowner's spouse, blood relative within the fourth degree of relationship, or relative by affinity within the fourth degree of relationship among a shipowner's relatives under Article 767 of the Civil Act is an employee of the relevant business or place of business) causes harassment on board in violation of Article 25-3, he or she shall be subject to an administrative fine not exceeding 10 million won. <Added on Oct. 24, 2023>

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 6, 2015; Oct. 24, 2023>

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);

3-2. A shipowner who violates Article 25-4(2), (4), (5), and (7);

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).

(3) 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; Oct. 24, 2023>

1. A person who fails to report under the main clause of Article 12 or the main clause of Article 14, or fails to take measures under Article 18;

2. A person who violates Article 109(1) or (2) or Article 151;

3. A person who fails to keep documents under Article 20(1);

4. A person who fails to report under Article 21;

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);

11. A shipowner who violates Article 82(5);

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).

(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jan. 6, 2015; Oct. 24, 2023>

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.

(5) The competent maritime affairs and port authorities shall impose and collect administrative fines referred to in paragraphs (1) through (4), as prescribed by Presidential Decree. <Amended on Oct. 24, 2023>

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Seafarer Labor Relations Commission) #

Article 4-2(Seafarers' day) #

Article 5(Relationship to other statutes) #

Article 6(Rights to command and order) #

Article 7(Responsibilities for inspection and reporting before departure from port) #

Article 8(Voyage along planned ship's route) #

Article 9(Direct command of master) #

Article 10(Duty to stay onboard ship) #

Article 11(Measures to be taken when ship is in danger) #

Article 12(Measures to be taken in case of collision of ships) #

Article 13(Rescueing ships in distress) #

Article 14(Notification of abnormal weather conditions) #

Article 15(Muster list and drill) #

Article 16(Ensuring safety of voyage) #

Article 17(Duty to deliver bodies in case of death of persons) #

Article 18(Disposal of Articles left behind) #

Article 19(Repatriation of Korean citizen residing in foreign country) #

Article 20(Keeping of documents) #

Article 21(Reporting on operation of ship) #

Article 22(Disciplinary action against crews) #

Article 23(Measures against dangerous Articles) #

Article 24(Requesting assistance from administrative agency) #

Article 25(Restrictions on actions in labor dispute) #

Article 25-2(Prohibition of forced labor) #

Article 25-3(Prohibition of harassment on board) #

Article 25-4(Measures in cases of harassment on board) #

Article 26(Agreement in violation of this act) #

Article 27(Clear statement of conditions of employment) #

Article 28(Violation of conditions of employment) #

Article 29(Prohibition of predetermination of penalty) #

Article 30(Prohibition of compulsory savings) #

Article 31(Prohibition of offsetting wages in advance) #

Article 32(Restrictions on cancellation of seafarers' employment agreement) #

Article 33(Advance notice of cancellation of seafarers' employment agreement) #

Article 34(Application for relief from cancellation without good cause) #

Article 35(Continuance of seafarers' employment agreement) #

Article 36(Special cases concerning termination of seafarers' employment agreement) #

Article 37(Unemployment allowance) #

Article 38(Repatriation) #

Article 39(Repatriation allowance) #

Article 40 #

Article 41 #

Article 42(Measures for repatriation of seafarers) #

Article 42-2(Taking out repatriation insurance) #

Article 42-3(Relationship with other benefits) #

Article 42-4(Restrictions on termination of repatriation insurance, etc.) #

Article 43(Preparation and reporting of seafarers' employment agreement) #

Article 44(Official approval of seafarers' list) #

Article 44-2(Reporting of overseas employment) #

Article 45(Seafarer's book) #

Article 46(Restrictions on issuance of seafarer's book) #

Article 47(Invalidation of seafarer's book) #

Article 48(Seafarers' identity documents) #

Article 49(Re-issuance of seafarer's book) #

Article 50(Prohibition of lending and unjust use of seafarer's book) #

Article 50-2(Prohibition of retaining others' passports) #

Article 51(Issuance of certificate of work experience onboard) #

Article 52(Payment of wages) #

Article 53(Payment before due date) #

Article 54(Wages of seafarer in service of ship during injury or sickness) #

Article 55(Retirement allowance system) #

Article 55-2(Liquidation) #

Article 55-3(Interest for delayed payment of wages) #

Article 55-4(Disclosure of list of names of shipowners with delayed payment of wages) #

Article 55-5(Provision of data on delayed payment of wages) #

Article 56(Taking out insurance guaranteeing wage claims) #

Article 56-2(Request for reporting and submission of documents) #

Article 57(Special cases concerning wages of fishers) #

Article 58(Payroll) #

Article 59(Minimum wages) #

Article 60(Hours of work and hours of rest) #

Article 61(Hours of work of young seafarers) #

Article 61-2(Hours of on-the-job training and hours of rest for seafarers in training) #

Article 62(Overtime work allowance) #

Article 63(Duty of shipowner for safe operation) #

Article 64(Manning of qualified seafarers in service of ship) #