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ENFORCEMENT DECREE OF THE SEAFARERS ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE SEAFARERS ACT

ENFORCEMENT DECREE OF THE SEAFARERS ACT

대통령령타법개정시행 2025-03-12해양수산부 · 제35382호 · 공포 2025-03-12

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Seafarers Act and those necessary for the enforcement thereof. <Amended on Apr. 27, 2007; Jun. 9, 2009>

Article 2(Persons not regarded as seafarers) #

"Those prescribed by Presidential Decree" in the proviso of subparagraph 1 of Article 2 of the Seafarers Act (hereinafter referred to as the "Act") means any of the following persons: <Amended on Jan. 12, 2021>

1. Ship inspectors referred to in Article 77 (1) of the Ship Safety Act;

2. Technicians or workers who intend temporarily to go onboard a ship to repair the ship;

3. Harbor pilots defined in subparagraph 2 of Article 2 of the Pilotage Act;

4. Workers employed for the harbor transport business defined in Article 2 (2) of the Harbor Transport Business Act or for harbor transport-related business defined in paragraph (4) of that Article;

5. Seafarers in training;

6. An entertainer who temporarily boards a ship for public performance, etc. on the ship;

7. A person equivalent to those referred to in subparagraphs 1 through 6 who is determined and publicly notified by the Minister of Oceans and Fisheries after consultation with representatives of shipowners’ association and seafarers’ union.

[This Article Added on Apr. 15, 2014]

Article 3(Scope of other officers) #

"Other crews prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means the following persons: <Amended on Sep. 17, 1998; Feb. 29, 2008; Jun. 9, 2009; Feb. 3, 2012; Mar. 23, 2013; Apr. 15, 2014>

1. A fishing officer;

2. A clerk;

3. A medical doctor;

4. A crew treated equally as or better than those prescribed in subparagraphs 1 through 3, and prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 3-2(Methods for calculating ordinary hourly wages) #

(1) Where ordinary wages referred to in subparagraph 11 of Article 2 of the Act are calculated into hourly wages, the following methods shall be applied: <Amended on Sep. 17, 1998; Feb. 3, 2012>

1. The amount determined in terms of hourly wages;

2. The amount determined by dividing the amount of daily wages by the fixed daily hours of work;

3. The amount determined by dividing the amount of weekly wages by the fixed weekly hours of work;

4. The amount determined by dividing the amount of monthly wages by the fixed monthly hours of work;

5. The amount calculated in accordance with subparagraphs 2 through 4 with respect to the wages for a specified period other than a day, week, or month;

6. The amount determined by dividing the total contracted amount calculated in accordance with the contract method by the total number of hours of work in the relevant contract period (where a contract termination date exists, referring to the due date of the payment for the contract; hereinafter the same shall apply) with respect to the contracted amount determined in accordance with the contract;

7. The sum of the amount calculated respectively in accordance with the methods provided for in subparagraphs 1 through 6 if the method of the compensation consists of at least two of the methods stipulated in subparagraphs 1 through 6 with respect to those parts.

(2) "Fixed daily hours of work" or "fixed weekly hours of work" in paragraph (1) means the hours of work determined by the collective bargaining agreement or agreement between the seafarers and the shipowner within the scope of hours of work referred to in Article 60 of the Act, and "fixed monthly hours of work" means the hours computed by multiplying the number of fixed monthly working days by the number of fixed daily hours of work; provided, where a wage structure is determined without regard to the hours of work, the fixed hours of work of a person on watchkeeping duty at sea shall be the same as those of the seafarers who are not on watchkeeping duty at sea. <Amended on Sep. 17, 1998; Feb. 3, 2012>

[This Article Added on Jan. 29, 1991]

[Previous Article 3-2 moved to Article 3-5 <1991. 1. 29>]

Article 3-4(Adjustment of ordinary wages and average onboard wages) #

(1) The ordinary wages or average onboard wages applicable to the seafarers entitled to injury or sickness compensation, etc. provided for in Articles 96 through 102 of the Act shall be the amount increased or decreased according to the fluctuation rate if the average monthly amount per person (hereinafter referred to as "average amount") of the ordinary wages paid to the seafarers performing the same duties in the place of business they belong to is at least 105 percent or not more than 95 percent of the average amount of the ordinary wages paid to the seafarer performing the same duties in the month in which the relevant injury or sickness occurs, and they shall apply from the month following the month in which the cause for fluctuation occurs; provided, an adjustment for an increase or decrease of the ordinary wages and average onboard wages on or after the second occasion shall be made based on the ordinary wages of the month in which the cause for fluctuation in the previous occasion occurred. <Amended on Feb. 3, 2012>

(2) For the purposes of paragraph (1), where the place of business to which the relevant seafarer belonged is closed, paragraph (1) shall apply on the basis of the industrial category, place of business, and ship of the same scale as at the time of the injury or sickness of the seafarer.

(3) For the purposes of paragraphs (1) and (2), where there exists no other seafarer who performs the same duties as the relevant seafarer, the fluctuation rate of the average amount of the ordinary wages paid to the seafarer who performs similar duties shall apply.

(4) The ordinary wages or average onboard wages applicable when calculating the unemployment allowance and retirement allowance provided for in Articles 37 and 55 of the Act for a seafarer who is affected by an occupational injury or sickness under Article 94 (1) of the Act shall be the ordinary wages or average onboard wages adjusted pursuant to paragraphs (1) through (3). <Amended on Feb. 3, 2012>

[This Article Added on Jan. 29, 1991]

[Title Amended on Feb. 3, 2012]

Article 5(Taking out repatriation insurance) #

(1) "Shipowner prescribed by Presidential Decree" in Article 42-2 (1), with the exception of its subparagraphs, of the Act means an owner of a ship which is engaged in international voyages. <Amended on Apr. 15, 2014; Jan. 17, 2017>

(2) "Insurance or mutual aid prescribed by Presidential Decree" in Article 42-2 (1), with the exception of its subparagraphs, of the Act means any of the following: <Amended on Mar. 23, 2013; Apr. 15, 2014; Jan. 17, 2017>

1. Indemnity insurance policy run by a Shipowners’ Mutual Protection and Indemnity Insurance Association (hereinafter referred to as "shipowners’ mutual protection and indemnity insurance association") under Article 2 of the Shipowners Mutual Protection and Indemnity Insurance Act;

2. Indemnity insurance policy under subparagraph 1 (b) of Article 2 of the Insurance Business Act which is operated by an insurance company or a foreign insurer under subparagraph 6 or 8 of Article 2 of that Act to guarantee the expenses incurred in seafarers’ repatriation provided for in Article 42-2 (2) of the Act (hereinafter referred to "expenses incurred in seafarers’ repatriation");

3. A mutual aid run by a shipowners’ association by collecting charges from the affiliated enterprises, etc. in accordance with the Articles of association formulated under Article 6 of the Korea Shipping Association Act, Article 60 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee the expenses incurred in seafarers’ repatriation;

4. A mutual aid run by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with Articles of incorporation formulated under Article 40 of that Act to guarantee the expenses incurred in seafarers’ repatriation;

5. A mutual aid run by a person who operates an international mutual aid business and is acknowledged and publicly announced by the Minister of Oceans and Fisheries as having the capacity to guarantee the expenses incurred in seafarers’ repatriation.

(3) Deleted. <Jan. 17, 2017>

[This Article Wholly Amended on Feb. 3, 2012]

[Title Amended on Jan. 17, 2017]

Article 17-4(Grounds for exclusion from application of interest for delayed payment) #

"Reasons prescribed by Presidential Decree" in Article 55-3 (2) of the Act means the following:

1. Where a shipowner has received a decision to commence rehabilitation procedures or has been declared bankrupt under the Debtor Rehabilitation and Bankruptcy Act;

2. Where a shipowner has received recognition of bankruptcy, etc. under Article 18-2 (1);

3. Where a shipowner has received any of the following judgments, orders, mediations, decisions, etc. to pay delayed wages and retirement allowances to a seafarer:

(a) Final judgment which has become final and conclusive which has become final and conclusive under Article 24 of the Civil Execution Act;

(b) Payment order which has become final and conclusive under subparagraph 3 of Article 56 of the Civil Execution Act;

(c) Settlement in court, recognition and acceptance of the claims, etc., and others having the effects identical with a final and conclusive judgment under subparagraph 5 of Article 56 of the Civil Execution Act;

(d) Completion of conciliation under Article 28 of the Judicial Conciliation of Civil Disputes Act;

(e) Decision in lieu of conciliation which has become final and conclusive under Article 30 of the Judicial Conciliation of Civil Disputes Act;

(f) Ruling on performance recommendation which has become final and conclusive under Article 5-7 (1) of the Trial of Small Claims Act;

4. Where it is impracticable to secure the funds for payment of wages and retirement allowances due to statutory restrictions under the Debtor Rehabilitation and Bankruptcy Act, the National Finance Act, the Local Autonomy Act, etc.;

5. Where it is deemed appropriate to bring a case to a court or the Seafarer Labor Relations Commission under Article 4 of the Act to dispute the existence of all or part of wages or retirement allowances for which the payment has been delayed;

6. Where any other ground corresponding to those referred to in subparagraphs 1 through 5 exists.

[This Article Added on Jan. 12, 2021]

Article 18-2(Requirements and procedures for recognition of bankruptcy) #

(1) Where an application is filed by seafarers retired without receiving the wages and retirement allowances from the shipowner who falls under any of the following circumstances, the competent regional maritime affairs and port authorities may recognize that the relevant shipowner does not have an ability of paying the unpaid wages and retirement allowances (hereinafter referred to as "overdue wages") (hereinafter referred to as "recognition of bankruptcy"): <Amended on Feb. 29, 2008; Jan. 17, 2017>

1. The business is discontinued or it is in the process of discontinuance due to any of the following causes:

(a) Where principal business facilities have been seized or provisionally seized at the status of suspension of business activities of the relevant business, or transferred for a repayment of debts (including cases of progress of auctions under the Civil Execution Act);

(b) Where authorization, permit, registration, etc. for the relevant business have been revoked or canceled;

2. Payment of overdue wages shall be remarkably difficult due to a lack of ability to pay the overdue wages or a cause falling under any of the following items:

(a) Whereabout of the shipowner has been unknown for at least one month as of the date of recognition of bankruptcy, etc.;

(b) Where it is recognized that the conversion or recovery of shipowners' assets shall take at least three months from the date of application for recognition of bankruptcy, etc.

(2) An application for recognition of bankruptcy, etc. filed under paragraph (1) shall be made within one year from the date next to that of seafarer's retirement.

(3) Matters necessary for filing an application, etc. for recognition of bankruptcy, etc. under paragraph (1) shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[This Article Added on Sep. 30, 2005]

Article 18-3(Types of insurance guaranteeing wage claims) #

(1) Insurance, mutual aids, or funds that should be purchased, joined, or raised by every shipowner (including a shipowners’ association) under the main clause of Article 56 (1) of the Act shall be as follows: <Amended on Apr. 27, 2007; Jan. 24, 2011; Feb. 3, 2012; Apr. 15, 2014; Mar. 30, 2018>

1. Indemnity insurance operated by the Shipowners’ Mutual Protection and Indemnity Association;

2. Indemnity insurance under subparagraph 4 of Article 2 of the Insurance Business Act operated by an insurance company or a foreign insurer under subparagraph 6 or 8 of that Act to guarantee seafarers' wage claims;

3. A mutual aid operated by a shipowners’ association by collecting charges from the affiliated enterprises, etc. in accordance with the Articles of association formulated under Article 6 of the Korea Shipping Association Act, Article 60 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee seafarers' wage claims;

4. A fund operated by a shipowners’ association by collecting charges from the affiliated enterprises, etc. in accordance with the Articles of association formulated under Article 10 of the Korea Shipping Association Act, Article 17 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee seafarers' wage claims;

5. A mutual aid or fund operated by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with the Articles of incorporation formulated under Article 40 of that Act to guarantee seafarers’ wage claims;

6. A mutual aid or fund operated by a cooperative under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act by collecting charges from its members in accordance with the Articles of incorporation formulated under Article 29 of that Act to guarantee seafarers’ wage claims.

(2) The operators of mutual aids business referred to in paragraph (1) 3, 5 and 6 shall determine the matters necessary for its operation, such as the standards for raising mutual aids money and requirements for payment, and obtain approval from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Feb. 3, 2012; Mar. 23, 2013; Apr. 15, 2014; Mar. 30, 2018>

(3) Matters necessary for the operation of funds referred to in paragraph (1) 4 through 6, such as standards for raising such funds and requirements for payment, shall be determined by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Feb. 3, 2012; Mar. 23, 2013; Apr. 15, 2014; Mar. 30, 2018>

[This Article Added on Sep. 30, 2005]

Article 21(Ships for work onboard of qualified seafarers) #

(1) "Ship prescribed by Presidential Decree" in Article 64 (1) of the Act means a ship of at least 500 gross tons or a ship of at least 750 kilowatt in propulsion of the main engine defined in subparagraph 10 of Article 2 of the Enforcement Decree of the Ship Officers Act; provided, the same shall not apply to a ship which navigates within the near coastal water area, a tugboat defined in subparagraph 4 of Article 2 of the Act on the Arrival and Departure of Ships, and a WIG craft referred to in subparagraph 2 of Article 3 of the Framework Act on Maritime Safety. <Amended on Aug. 13, 1987; Jul. 1, 1998; Sep. 17, 1998; Jun. 29, 2001; Sep. 30, 2005; Feb. 3, 2012; Apr. 15, 2014; Dec. 29, 2017; Oct. 17, 2023; Jan. 16, 2024>

(2) "Ship laden with hazardous cargoes prescribed by Presidential Decree" in Article 64 (3) of the Act means a ship used exclusively for carrying liquid petrochemical products or liquefied gas which are loaded without any container, etc.; provided, the same shall not apply to a ship which navigates within the near coastal water area. <Amended on Sep. 17, 1998; Feb. 3, 2012>

(3) "Ship prescribed by Presidential Decree" in Article 64 (4) of the Act means a ship which shall be equipped with lifeboats, life-rafts, rescue boats, or fast rescue boats among ship facilities under subparagraph 2 of Article 2 of the Ship Safety Act. <Amended on Sep. 17, 1998; Sep. 30, 2005; Sep. 28, 2007; Feb. 3, 2012>

(4) "Ships prescribed by Presidential Decree" in Article 64 (5) of the Act means passenger ships under subparagraph 10 of Article 2 of the Ship Safety Act; provided, ships whose navigation area includes near coastal water areas only and ships used for the excursion ship business or the ferry business under subparagraph 1 or 2 of Article 2 of the Excursion Ship and Ferry Business Act shall be excluded. <Added on Jul. 6, 2015>

(5) "Ship prescribed by Presidential Decree" in Article 64 (6) of the Act means a ship installed with an engine that uses low flash point fuels (referring to fuels at which the flash point is less than 60 degrees celsius), such as gas. <Added on Jan. 12, 2021>

Article 21-2(Reserve seafarers) #

(1) Cases where the owners of ships that are not seagoing ships may be allowed not to secure reserve seafarers in a number equal to or exceeding 10 percent of the total number of seafarers onboard under the proviso of Article 67 (1) of the Act mean the following cases: <Amended on May 24, 1997; Sep. 17, 1998; Feb. 29, 2008; Feb. 3, 2012; Jul. 6, 2015; Jan. 17, 2017>

1. Where a shipowner owns not more than three ships; provided, this shall not apply when a ship owned by a shipowner falls under any of the following:

(a) Ships laden with hazardous cargoes under Article 21 (2);

(b) Ships operated for coastal passenger transportation services prescribed in subparagraph 1, 3, 5 or 6 of Article 3 of the Marine Transportation Act;

2. Where a seafarer has concluded a seafarers' employment agreement by specifying a ship to board upon the approval of the competent regional maritime affairs and port authorities;

3. In the case of ships whose navigation area includes near coastal water areas only.

(2) Notwithstanding the proviso of paragraph (1) 1, where the owner of a ship falling under any of the items of paragraph (1) 1 secures, jointly with another shipowner who has three or less ships of the same kind, reserve seafarers in a number equal to or exceeding 10 percent of the total number of seafarers onboard employed by him or her and such another shipowner as prescribed by the Minister of Oceans and Fisheries, he or she may secure reserve seafarers in a number less than 10 percent of the total number of seafarers onboard employed by him or her. In such cases, the reserve seafarers jointly secured by the shipowners shall be confirmed by the competent regional maritime affairs and port authorities. <Added on Jul. 6, 2015; Jan. 17, 2017>

(3) "Those prescribed by Presidential Decree, such as those who are on paid leave, etc." in Article 67 (2) of the Act means any of the following persons: <Amended on Feb. 3, 2012; Jul. 6, 2015>

1. A person who is on paid leave;

2. A person who has landed due to causes attributable to the shipowner;

3. A person who receives compulsory education and training under Article 116 of the Act or other statutes or regulations;

4. Other persons determined by the collective bargaining agreement or employment rules.

(4) Article 67 of the Act on the duty to provide for reserve seafarers and pay their wages shall not apply to a seafarer who has been laid off or suspended. <Amended on Feb. 3, 2012; Jul. 6, 2015>

[This Article Added on Jan. 29, 1991]

Article 31-2(Restrictions on payment of accident compensation due to non-fulfillment of child rearing responsibilities) #

(1) In determining the non-fulfillment of the responsibility for child rearing pursuant to Article 103-2 (1) of the Act, the matters prescribed in Appendix 1 shall be taken into account.

(2) A shipowner who intends to file a request for deliberation on the fulfillment of responsibility for child rearing pursuant to Article 103-2 (2) of the Act against a person who fails to fulfill the responsibility for fostering a seafarer as referred to in Article 103-2 (1) of the Act (hereafter in this Article referred to as "person subject to restrictions on compensation") shall submit an application in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the competent regional maritime affairs and port authorities, along with the following documents:

1. A document verifying that a person who has filed a claim for accident compensation under Article 103-2 (3) of the Act is entitled to compensation for the bereaved family under Article 99 of the Act or compensation for missing seafarers under Article 101 of the Act;

2. A document that can prove that the person subject to restrictions on compensation has failed to fulfill the responsibility for child rearing.

(3) Upon receipt of a request under paragraph (2), the competent regional maritime affairs and port authorities shall notify a person subject to restrictions on compensation of such fact, shall receive a document that can prove the fulfillment of responsibility for child rearing from such person, shall verify and investigate the factual relevance, and shall send the results thereof to the Minister of Oceans and Fisheries along with a written request and accompanying documents under paragraph (2).

(4) The Minister of Oceans and Fisheries shall deliberate on whether to restrict the payment of accident compensation and the rate of reduction based on the materials received pursuant to paragraph (3) and shall notify the shipowner, the person subject to restrictions on compensation, and the regional maritime affairs and port authorities of the results thereof.

(5) A shipowner shall calculate and pay compensation to a person subject to restrictions on compensation in accordance with a decision made under paragraph (4). In such cases, the reduction in accident compensation not paid to a person subject to restrictions on compensation shall be paid in accordance with the following classification:

1. Where there is a person in the same order of priority as that of a person subject to restriction on compensation: Where there is only one person in the same order of priority, the full amount shall be paid to the person; and where there are several persons in the same order of priority, the amount shall be divided equally and paid to such persons;

2. Where there is no person in the same order of priority as that of a person subject to restriction on compensation: Where there is only one person in the next order of priority, the full amount shall be paid to the person; and where there are several persons in the next order of priority, the amount shall be divided equally and paid to such persons.

[This Article Added on Jul. 23, 2024]

Article 49-5(Measures concerning foreign ships) #

(1) "Measures prescribed by Presidential Decree, such as notifying a flag state of such fact" in Article 133 (3) of the Act means any of the following:

1. Giving written notice of the following matters to a master:

(a) Results of a detailed inspection;

(b) Corrections to be made in relation to the working and living standards of seafarers which are identified as the results of a detailed inspection, and a time limit for taking corrective actions;

2. Giving written notice of the following matters to the seafarers and organization of shipowners’ who are citizens of the Republic of Korea:

(a) Results of a detailed inspection;

(b) A seafarer’s reporting on his or her complaint under Article 133 (1) 　 1 (d) of the Act;

3. Notifying the following foreign governments, etc. of violations, etc. of the Maritime Labour Convention 2006 by a relevant foreign ship (limited to where it is deemed necessary by the minister of oceans and fisheries):

(a) The government of a flag state of the relevant foreign ship or the consul of a flag state stationed in the Republic of Korea;

(b) The government of a country of the next port of call of the relevant foreign ship.

(2) The Minister of Oceans and Fisheries shall prepare and manage a detailed inspection report stating the results of detailed inspections on a foreign ship, and when necessary, he or she may give notice to the Director-General of the International Labour Organization with all documents sent by the government of a flag state of a relevant foreign ship and a copy of the detailed inspection report.

(3) Where the matters which have led the Minister of Oceans and Fishers to give an order to detain, or detain a foreign ship under Article 133 (4) of the Act are corrected or are expected to be corrected promptly, the Minister of Oceans and Fishers shall, without delay, decide whether or not to cancel the order or measure to detain the relevant foreign ship.

(4) "Measures prescribed by Presidential Decree, such as notifying a flag state" in Article 133 (5) of the Act means giving notice to the government of a flag state of a relevant foreign ship or to the consul of a flag state stationed in the Republic of Korea of the fact that an order to detain a ship has been given or a ship has been detained pursuant to Article 133 (4) of the Act.

(5) Where the Minister of Oceans and Fishers gives notice under paragraph (4) in accordance with Article 133 (5) of the Act, he or she may request the representative of the government of a relevant flag state to appear, or request for a reply from the government of a relevant flag state upon specifying the deadline.

[This Article Added on Apr. 15, 2014]

Article 52(Delegation or entrustment of authority) #

(1) The Minister of Oceans and Fisheries shall delegate his or her authority over the following to regional maritime affairs and port authorities pursuant to Article 158 (1) of the Act: <Amended on Mar. 23, 2013; Jan. 17, 2017; Jan. 12, 2021>

1. Permission under the proviso of Article 65 (3) of the Act;

2. Matters regarding corrective orders under Article 124 (1) of the Act;

3. Matters regarding orders to suspend voyage, suspension of voyage, designation of a port under Article 124 (2) and (3) of the Act, and revocation thereof;

4. Guidance and inspections, such as by requiring the submission of a report or data or an on-site inspection under Article 129-2 of the Act;

5. Matters regarding inspections and confirmation of foreign ships under Article 132 (1) and (2) of the Act;

6. Matters regarding measures taken, orders to detain a ship, detaining of a ship, and filing of an objection under Article 133 (3) through (6) of the Act;

7. Matters regarding receipt of reports and measures to be taken under Article 134 of the Act;

8. Matters regarding inspections for certification of maritime labor certificates, interim inspections for certification and additional inspections for certification under Article 137 (1), (3) and (4) of the Act;

9. Matters regarding the issuance, disclosure and indication of a maritime labor certificate, the issuance of an interim maritime labor certificate, and corrective orders based on the findings of an additional inspection for certification, under Article 138 (1), (3), (4), and (8) of the Act.

(2) The Minister of Oceans and Fisheries shall entrust the Korea Institute of Maritime and Fisheries Technology with the following business affairs pursuant to Article 158 (1) of the Act: <Amended on Apr. 15, 2014>

1. Conducting the education for cooks onboard and administering the qualifying examination for cooks onboard prescribed in Article 76 (3) of the Act;

2. Administering the qualifying examination for a person in charge of medical care, and issuing a certificate of person in charge of medical care under Article 85 (3) of the Act.

(3) The Minister of Oceans and Fisheries shall entrust the Center with the business affairs prescribed in subparagraph 1, 2, and 4 of Article 108 of the Act pursuant to Articles 158 (1) of the Act. <Amended on Mar. 23, 2013>

(4) The Minister of Oceans and Fisheries may supervise the entities entrusted with the business affairs under paragraph (2) and (3), such as requiring them to report on the progress of entrusted business affairs, or ordering the improvement of such business affairs, where deemed necessary. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Feb. 3, 2012]

Article 55(Management of personally identifiable information) #

(1) The Minister of Oceans and Fisheries (including persons entrusted with duties of the Minister of Oceans and Fisheries pursuant to Article 117 (1) of the Act) may manage data containing a resident registration number referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: <Amended on Jul. 23, 2024>

1. Business affairs relating to restrictions on payment of accident compensation under Article 103-2 of the Act;

2. Business affairs relating to education and training of seafarers provided for in Article 116 (1) of the Act;

3. Business affairs relating to filing an objection to a labor inspection of ships provided for in Article 141 (1) of the Act.

(2) The regional maritime affairs and port authorities may manage data containing a resident registration number or passport number referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: <Amended on Jul. 23, 2024>

1. Business affairs relating to official approval of a seafarers’ list prescribed in Article 44 (3) of the Act;

2. Business affairs relating to issuing a seafarer’s book prescribed in Article 45 of the Act;

3. Business affairs relating to issuing a seafarer's identity document prescribed in Article 48 of the Act;

4. Business affairs relating to reissuing a seafarer’s book or seafarer's identity document prescribed in Article 49 of the Act;

4-2. Business affairs relating to restrictions on payment of accident compensation under Article 103-2 of the Act;

5. Business affairs relating to amending a seafarer’s book or seafarer's identity document provided for in Articles 12 and 13 (3);

6. Business affairs relating to recognition of bankruptcy, etc. provided for in Article 18-2;

7. Business affairs relating to verification of the grounds for paying overdue wages provided for in Article 18-5.

(3) An institution for registration of job seeking and job offers and the center referred to in Article 109 (1) of the Act may manage data containing a resident registration number referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct business affairs relating to the registration of job seeking by a seafarer or the registration of job offers by a person who intends to employ a seafarer under Article 109 of the Act.

(4) A master or shipowner may manage data containing a resident registration number or passport number referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: <Amended on Jul. 23, 2024>

1. Business affairs relating to recording and keeping a seafarers’ list and a logbook prescribed in Article 20 (2) of the Act;

2. Business affairs relating to preparing a seafarers’ list, etc. prescribed in Article 44 of the Act;

3. Business affairs relating to preparing a letter of the guarantee prescribed in Article 45 of the Act;

4. Business affairs relating to restrictions on payment of accident compensation under Article 103-2 of the Act.

[This Article Wholly Amended on Jan. 17, 2017]

ENFORCEMENT DECREE OF THE SEAFARERS ACT

Article 1(Purpose) #

Article 2(Persons not regarded as seafarers) #

Article 3(Scope of other officers) #

Article 3-2(Methods for calculating ordinary hourly wages) #

Article 3-3(Methods for calculating average onboard wages) #

Article 3-4(Adjustment of ordinary wages and average onboard wages) #

Article 3-5(Common expenses) #

Article 3-6(Regional maritime affairs and port authorities) #

Article 3-7(Officers eligible for commanding steering of ship in lieu of master) #

Article 4(Bearing expenses incurred for repatriation of korean citizens residing in foreign country and reimbursement) #

Article 5(Taking out repatriation insurance) #

Article 5-2(Claim for and payment of expenses incurred in seafarers’ repatriation) #

Article 5-3(Recognition of abandonment) #

Article 6(Exemption of official approval of seafarers’ list) #

Article 7 #

Article 8(Issuing procedures for seafarer’s book) #

Article 9(Applications for issuance of seafarer’s book for minors) #

Article 10(Substituting seafarer’s book by letter of guarantee) #

Article 11(Return of seafarer’s book) #

Article 12(Form of seafarer’s book) #

Article 13(Issuance of seafarer's identity document) #

Article 14(Issuance of seafarer's identity document to foreigners) #

Article 15(Size of seafarer's identity document and contents to be stated therein) #

Article 16(Issuance of certificate of work experience onboard) #

Article 17(Payment of wages) #

Article 17-2(Payment before due date) #

Article 17-3(Interest rate for delayed payment of wages) #

Article 17-4(Grounds for exclusion from application of interest for delayed payment) #

Article 17-5(Details and period of disclosure of lists) #

Article 17-6(Shipowners excluded from disclosure lists of shipowners in arrear) #

Article 17-7(Procedures for providing data on delayed payment of wages) #

Article 17-8(Shipowners in arrear excluded in data on delayed payment of wages) #

Article 18(Grounds for payment of overdue wages) #

Article 18-2(Requirements and procedures for recognition of bankruptcy) #

Article 18-3(Types of insurance guaranteeing wage claims) #

Article 18-4(Claims for, and payment of, overdue wages) #

Article 18-5(Confirmation of grounds for payment of overdue wages) #

Article 18-6(Subrogation of claims for overdue wages) #

Article 19(Special cases concerning wages of fishers) #

Article 19-2(Basis of calculation of ordinary wages and average onboard wages of fishers) #

Article 20(Matters to be recorded in payroll) #

Article 20-2 #

Article 21(Ships for work onboard of qualified seafarers) #

Article 21-2(Reserve seafarers) #

Article 22(Qualifications of cooks on ships) #

Article 22-2(Ships exempt from obligation to have cooks onboard) #

Article 23(Determination of minimum standard amount of costs for providing meals) #

Article 23-2(Ships subject to provision of uniforms) #

Article 24(Scope of occupational sickness) #

Article 25 #

Article 26 #

Article 27(Disability rating) #

Article 28 #

Article 29(Scope of bereaved family) #

Article 30(Priority order of bereaved family) #

Article 31(Scope of dependents) #

Article 31-2(Restrictions on payment of accident compensation due to non-fulfillment of child rearing responsibilities) #

Article 32(Taking out accident compensation insurance) #

Article 33(Payment of accident compensation) #

Article 34(Composition of Seafarer Policy Committee) #

Article 35(Operation of Committee) #

Article 36 #

Article 37(Institution for registration of job seeking and offering) #

Article 38(Seafarer recruitment and placement service) #

Article 39(System for management of demand and supply of seafaring manpower) #

Article 40 #

Article 41 #

Article 42 #

Article 43(Education and training of seafarers) #

Article 44(Entrustment of education and training of seafarers) #

Article 44-2(Supervision over entrustment of education and training of seafarers) #

Article 45(Bearing expenses for education and training of seafarers) #

Article 46 #

Article 47(Scope of Government subsidies) #

Article 48 #

Article 49(Reporting to inspection agencies) #

Article 49-2 #

Article 49-3(Affairs of administrative agencies in foreign countries) #

Article 49-4(Scope of detailed inspections) #