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Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - República de Corea (Ratificación : 2014)

Otros comentarios sobre C186

Solicitud directa

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2017

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for the Republic of Korea on 8 January 2019 and 26 December 2020, respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and 3, of the Convention. Scope of application. Cadets. In its previous comments, noting that the Ministry of Oceans and Fisheries (hereinafter, MOF) had determined, after consultation of shipowners’ and seafarers’ organizations, that cadets are not to be regarded as seafarers, the Committee requested the Government to adopt the necessary measures to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee notes the Government's information that the MLC, 2006 does not provide for a definition of cadets and it is difficult to regard a trained seafarer aboard a Korean ship as a seafarer because they do not sign a labour contract or have a separate job on board. The Government further indicates that the MOF enacted and revised regulations in consideration of the need for cadets to be distinguished from seafarers and receive separate protection in view of their training condition. In particular, the Government indicates that the rights of trainees are protected as they sign an on-site embarkation practice agreement rather than a labour contract (section 21-2 of the Ship Employees Act). While taking note of the Government’s information, the Committee recalls that the Convention adopts a wide definition of seafarer in order to afford protection and decent working and living conditions to all persons working in any capacity on board (Article II, paragraph1(f)). The Committee requests the Government to take the necessary measures to ensure that cadets are regarded as seafarers in conformity with the Convention. In this regard, the Committee reiterates that, as foreseen in Article VI, paragraph 3, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed.

Article II, paragraphs 1(i) and 5, of the Convention. Scope of application. Ships. The Committee previously noted that exemptions are made to several provisions of the Seafarers’ Act and other regulatory texts for ships “engaged in coastal waters”. The Committee requested the Government to explain the meaning of the expression “ships engaged in coastal waters”. The Committee notes the Government’s information that the Ships Safety Act, which implements the SOLAS Convention, designates as “coastal waters” the sea area within 20 nautical miles from the baseline of the territorial sea. The Committee further notes that various sections (e.g. sections 19 and 29) of the Marine Notice on Ship Facilities Standards (hereinafter, Notice on ship facilities) mention “ships engaging beyond coastal waters” as separate from “ships engaged in international voyages”, excluding part of the first from the application of the requirements of the Convention (see under Regulation 3.1). The Committee further notes the Government’s statement that any ships that navigate exclusively in territorial waters are not subject to the application of the MLC, 2006. In this regard, the Government indicates that it defines “waters closely adjacent to sheltered waters” as territorial waters (12 nautical miles from the baseline). The Committee recalls that the MLC, 2006 does not contain the concept of “coastal waters” and that ships excluded from the scope of application with respect of the navigational area are defined under Article II, paragraph 1(i). It also recalls that, as the MLC, 2006 does not explicitly define the terms “closely adjacent to” or “sheltered waters” used in Article II, paragraph 1(i), it is for the competent authority of the Member to determine, in good faith and on a tripartite basis, taking into account the objectives of the Convention and the physical features of the country, which areas could be considered as “sheltered waters” and what distance away from those waters could be considered as “closely adjacent to sheltered waters”. The Committee requests the Government to provide information on: (i) how it has taken into account the above-mentioned criteria when defining waters “closely adjacent to sheltered waters”; and (ii) the number of ships excluded from the application of the Convention as a result of this definition.

The Committee notes that the Government has taken measures to extend the scope of legislation implementing Regulation 3.1 to cover ships which were previously excluded (see below). In view of the above, the Committee requests the Government to clarify how the rest of the provisions implementing the Convention apply to all ships covered by it.

Regulation 1.1 and Standard A1.1. Minimum age. In its previous comments, the Committee noted that, pursuant to section 91(1) of the Seafarers’ Act, a shipowner shall not appoint a person under 16 years of age as a seafarer, “provided, however, that this shall not apply to a vessel on which only his/her family works”. It requested the Government to amend section 91(1) in order to ensure that no exceptions are permitted to the minimum age for work. The Committee notes the Government’s information that the exception under section 91(1) of the Seafarers’ Act takes into account the types of fishing partly operated as a family business. The Government specifies that persons under 16 years of age cannot participate in any maritime training courses nor be issued a seaman’s book, thus they cannot board ships. The Government further indicates that a bill to revise these regulations was pending at the National Assembly and will be presented again at a later date. While recalling that the Convention does not apply to fishing vessels, the Committee requests the Government to provide information on any developments regarding the amendment of section 91(1) of the Seafarers’ Act to ensure conformity with Standard A1.1, paragraph 1 of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee previously noted that section 92 of the Seafarers’ Act provides for exceptions to the prohibition of night work for seafarers under 18 years: “(1) where a shipowner has obtained the consent of such a seafarer and approval from the Minister of Oceans and Fisheries as “easy work”; (2) on a ship on which only a family works …”. It requested the Government to indicate the measures taken to ensure conformity with the Convention. The Committee notes the Government’s information that in the current seafarers’ education and training system, the prohibition of night work for seafarers under the age of 18 years exists, but there are exceptions only when the navigational watch training of cadets is concerned, in accordance with the curricula of the Maritime High School. The Committee further notes the Government’s reference to section 61-2 of the Seafarers’ Act, as amended. The Government indicates that, under the section, cadets should be allowed to do night work up to 16 hours per week only in case of watchkeeping. Otherwise, night duty is prohibited, except for that approved by the MOF for educational and training purposes under the MLC, 2006 through the confirmation of employment contracts and rules for work. The Committee refers to its comments under Article II, paragraph 1(f) regarding cadets. It recalls that the only possible exceptions to the prohibition of night work for seafarers under 18 years are provided under Standard A1.1, paragraph 3 of the Convention. Referring to its previous comments, the Committee requests the Government to bring section 92 of the Seafarers’ Act in line with Standard A1.1, paragraph 2 of the Convention. It also requests the Government to clarify the meaning of “easy work” under the same section. With respect to section 61-2 of the Seafarers’ Act, the Committee requests the Government to specify the manner in which the exception to the night work prohibition for watchkeeping duties complies with Standard A1.1, paragraph 3, of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee requested the Government to specify whether the list of types of hazardous work provided for in section 8 of the Rules on safety and health of seafarers has been determined after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee notes the Government’s information that the list is also the result of collecting opinions from shipowners’ and seafarers’ organizations. The Committee takes note of this information.

Regulation 1.2 and Standard A1.2, paragraph 6. Medical certificate. Nature of medical examination. In its previous comments, the Committee noted that, according to section 53(1)(2) of the Enforcement Ordinance of the Seafarers’ Act (hereinafter, Enforcement Ordinance), the examination on eyesight, colour vision and hearing is only applicable to ship personnel and deck watch-keeping ratings under subparagraph 3 of section 2 of the Ship Officer’s Act. The Committee requested the Government to indicate how it implements Standard A1.2 regarding the eyesight and hearing examination of seafarers who are not officers. The Committee notes the Government’s information that virtually all crew members must have their eyesight examined when they are on duty during their shift. With regard to auditory aspects, a hearing assessment for the captain, deck crew, and other ratings is suggested. This provides hearing standards for virtually all crew members. Even with respect to colour recognition, all ship personnel, including the captain, engineer, radio operator, on-deck officers, and ratings, are specified as included. Therefore, all crew members whose hearing, vision, and colour recognition can substantially influence the performance of their duties must meet the minimum criteria following the regulations. The Government further indicates that faithful implementation of the MLC, 2006 is confirmed by medical certificates issued to crew members. The Committee takes note of this information.

Regulation 1.2 and Standard A1.2, paragraphs 7 and 9. Medical certificate. Period of validity. In its previous comments, the Committee requested the Government to clarify the meaning of section 54 of the Enforcement Ordinance and to indicate how it complies with the requirements under Standard A1.2, paragraph 9. The Committee notes the Government’s information that pursuant to section 54, where the period of validity of the medical certificate expires on a voyage, the validity of the certificate is prolonged of three months. The Committee takes note of this information.

Regulation 1.3. Qualifications of seafarers. The Committee requested the Government to provide clarifications on the circumstances in which it is possible to work on board without completing the appropriate education and training pursuant to section 116(2) of the Seafarers’ Act. The Committee notes the Government’s information that pursuant to section 116, under section 44 of the Seafarers’ Act, Korean-flagged ships shall obtain approval for boarding and disembarkation through the competent Regional Office of Oceans and Fisheries, which implies a check on whether crew training has been completed. Therefore, all crew members are obliged to complete training, and the crew is not allowed to embark if the training certificate is not confirmed. The Government further indicates that section 116(2) of the Seafarers’ Act refers to extreme exceptions. As a result, it was used as a basis for recognizing the completion of education and training for seafarers who did not receive refresher training, and is not used in general cases. In particular, according to the MOF, exceptions under section 116(2) are in practice not applied in the process of embarkation and disembarkation, but in the event of a special situation, such as the COVID-19 pandemic. The Committee takes note of this information, which addresses its previous request.

In relation to the exemptions from the obligation to carry certificated officers on board provided by section 12(1) of the Ship Officer’s Act, the Committee requested the Government to indicate how it gives application to Regulation 1.3, paragraph 1, taking into account that no exceptions are allowed under the Convention. Noting the absence of information on this point, the Committee requests the Government to provide information in this regard in its next report.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee requested the Government to indicate the national laws and regulations implementing the requirements of Standard A1.4, paragraph 5(a) and (c). The Committee notes the Government’s detailed information on legislation giving effect to Standard A1.4, paragraph 5(a) and (c)(i)-(iv) of the Convention, including the Labour Standards Act, the Seafarers’ Act and the Guidelines for Registration and Management of Ship Management Business. With regard to the implementation of Standard A1.4, paragraph 5(c)(vi), the Committee observes that section 24 of the above-mentioned Guidelines provides that the seafarer management business operator has the duty to establish a financial guarantee for abandonment of seafarers. The Committee recalls that Standard A1.4, paragraph 5(c)(vi) provides for the establishment of a system of protection to compensate seafarers not only in case of abandonment but “for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.4, paragraph 5(c)(vi) of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee requested the Government to provide clarification on the procedures applied in the investigation of complaints concerning the activities of recruitment and placement services. The Committee notes the Government’s information that section 114 of the Seafarers’ Act provides that the MOF shall immediately investigate a complaint filed by a seafarer in connection with the job placement activities of an agency, a seafarer management business operator, or a marine fisheries-related organization prescribed by Ordinance of the MOF. It also provides that, if necessary, the shipowner and the representative of the seafarer may participate in the investigation. The Government indicates that while there is no detailed procedure for the investigation and treatment of complaints, the MOF, through the seafarer labour supervisory system, operates procedures to settle legal complaints and disputes related to seafarers. The Committee takes note of this information, which addresses its previous request.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee requested the Government to indicate the legislation implementing the requirement of the signature of the seafarer’s employment agreement (SEA) by both the seafarer and the shipowner or a representative of the shipowner (Standard A2.1, paragraph 1(a)). The Committee notes the Government’s information that under section 27(1) and section 43(1) of the Seafarers’ Act, the parties concluding a SEA are “the seafarer” and “the vessel operator”, who conclude a seafarers’ employment agreement through signing or sealing. The Committee notes, however, that the text of the above-mentioned sections, reproduced by the Government, does not mention the requirement of the signature of the SEA by the seafarer and the shipowner. While noting the Government’s indication that, in practice, SEAs are signed by both the seafarer and the shipowner, the Committee recalls that the Convention requires the adoption of legislation prescribing that “seafarers shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner.” The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A2.1, paragraph 1(a) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to clarify how Standard A2.1, paragraph 6, is applied. The Committee notes that the Government does not provide new information in this regard. It recalls that, under Standard A2.1, paragraph 6, in determining the circumstances justifying the termination of the employment agreement at shorter notice or without notice, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons, is taken into account. The Committee requests the Government to indicate the measures taken to give effect to Standard A2.1, paragraph 6.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee requested the Government to indicate how it gives effect to Standard A2.2, paragraph 5. The Committee notes the Government’s indication that, under section 52 of the Seafarers’ Act, the shipowner shall give seafarers their payslip including details concerning the applied exchange rate; however, most Korean and foreign seafarers boarding a Korean-flagged ship receive their wages directly in Korean currency or USD without currency exchange, therefore most payslips do not include an exchange rate. The Government further indicates that whether an appropriate payslip is being given to seafarers – including whether the exchange rate is applied at a level not disadvantageous to the seafarer - is monitored through inspections on working and living conditions of seafarers under the Seafarers’ Act. While noting the Government’s information, the Committee recalls that Standard A2.2, paragraph 5 provides a requirement for the service of remittances to seafarers’ families and does not concern the seafarer’s payslip. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.2, paragraph 5 of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 6. Wages. Due consideration to Guideline B2.2. The Committee notes that, in reply to its previous request on the provisions allowing deductions from remuneration, the Government provides detailed information on legislation allowing deductions from seafarers’ wages (e.g. withholding of income tax; health insurance and pension premiums; and wage cuts due to disciplinary action, labour union dues and mutual aid fees established through collective agreement). The Committee takes note of this information.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. Cadets. The Committee notes the Government’s information that, following the review of the Seafarers’ Act and the Ship Employees Act, the training crews’ rest time is sufficiently guaranteed. It notes that, according to section 61(2) of the Enforcement Ordinance, as amended, training hours shall not exceed eight hours per day and 40 hours per week, provided that where it is for the purpose of navigational watch training, they may be extended by up to 16 hours per week. Rest time every 24 hours shall be at least 8 consecutive hours. Where unavoidable reasons exist, the shipowner may order practical trainees to conduct training or work exceeding practical hours. The Committee notes that such provisions do not fully comply with Standard A2.3, insofar as hours of rest should be not less than 10 hours in any 24-hour period and adequate compensatory rest should be ensured when seafarers have performed work in a scheduled rest period (Standard A2.3, paragraphs 5(b), 8 and 14). The Committee refers to its comments under Article II, paragraph 1(f) regarding cadets. It requests the Government to indicate the measures taken to ensure full compliance with Standard A2.3, paragraphs 5(b), 8 and 14 of the Convention with regard to cadets.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Hours of work and hours of rest. Division of hours of rest. Exceptions. In its previous comments, the Committee noted the legislation (section 60(4) of the Seafarers’ Act and section 39-5(2) of the Enforcement Ordinance) allowing for a deviation from standards for division of the hours of rest through collective agreement. It noted, in particular, that under section 39-5(2) of the Enforcement Ordinance, hours of rest may be divided into a maximum of up to three separate times. It further noted that the copy of collective agreement provided by the Government provides that the rest period may be divided into four separate periods. Noting that the collective agreement was not in conformity with the Convention, the Committee requested the Government to explain how the requirements of Standard A2.3 are enforced. The Committee notes the Government’s information that the term “three separate times” specified in section 39-5, paragraph 2(3) of the Enforcement Ordinance was established to divide break time three times into four separate periods, which is in line with the “four separate periods” specified in the above-mentioned collective agreement. Therefore, such collective agreement is considered to be fulfilling the requirements of the Seafarers’ Act. The Government further indicates that compliance with the requirements of Standard A2.3 is examined through the maritime labour certification inspection in accordance with sections 137 and 138 of the Seafarers’ Act. Moreover, if a seafarer reports a violation of the requirement to the competent authorities, an investigation of the alleged violation will be carried out within 25 days. While noting the Government’s information, the Committee refers to its previous comments and reiterates its concern that a period of a minimum of ten hours of rest divided in up to four separate periods, two of which of possibly just one hour, clearly poses the problem of the fatigue of seafarers and its consequences. The Committee also recalls that exceptions under Standard A2.3, paragraph 13 shall, as far as possible, follow the provision of the Standard “but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages”. The Committee requests again the Government to take the necessary measures to ensure full conformity with Standard A2.3, paragraphs 6 and 13.

Regulation 2.3 and Standard A2.3, paragraph 8. Hours of work and hours of rest. On-call work. In its previous comments, the Committee requested the Government to indicate the legislative or regulatory provisions implementing the requirements under Standard A2.3, paragraph 8 relating to compensatory rest period for on call work. The Committee notes the Government’s information that under section 60(7) of the Seafarers’ Act, a shipowner shall provide an adequate period of rest in compensation for and corresponding to hours of work to a seafarer who did necessary work despite being during rest time or a seafarer who did not take the normal rest because he/she was called out to work during the hours of rest pursuant to paragraph (6). The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 10. Hours of work and hours of rest. Shipboard working arrangements. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.3, paragraph 10 (requirement of posting of shipboard working arrangements). The Committee notes that while the Government has supplied copy of the table of shipboard working arrangements, it provides no information on the requirement to post such table in an easily accessible place as provided by Standard A2.3, paragraph 10. It requests the Government to indicate how it ensures compliance with Standard A2.3, paragraph 10.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its previous comments, the Committee noted that section 62(4) of the Seafarers’ Act, which provides that a seafarer may request that a shipowner or master provide a copy of records of hours of work and hours of rest and overtime pertaining to him/her, is not in conformity with Standard A2.3, paragraph 12 providing that seafarers shall receive a copy of the records pertaining to them. Noting that section 62(4) of the Seafarers’ Act has not been amended, the Committee refers to its previous comments and requests the Government to bring the Seafarers’ Act in line with Standard A2.3, paragraph 12 of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In its previous comments, the Committee noted that section 69 of the Seafarers’ Act provides that, after eight consecutive months of work on board, the shipowner must grant leave within four months, with the possibility of postponing it until the end of the current voyage. The Committee requested the Government to clarify how it ensures, in practice, that the seafarers’ maximum period of service on board is less than 12 months. The Committee notes the Government’s information that, according to section 69(1) of the Seafarers’ Act, if a crew member continues to be on board for eight months, paid leave (if sailing, this can be delayed until the end of the voyage) shall be given within four months from the last day of the 8-month period. The Government specifies that most seafarers are granted paid leave within 12 months after boarding the ship; however, recently, due to COVID-19 pandemic, crew changes have been restricted. With the consent of the crew concerned, some crew members have disembarked after 12 months based on the ship’s sailing schedule. The Government points out that in future, once the COVID-19 pandemic has been brought under control, it will consult with the shipowners’ and seafarers’ organizations to devise a reasonable improvement plan so that the maximum practical period on board for all seafarers is less than 12 months. The Committee recalls that it considers that, from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b), the maximum continuous period of shipboard service is in principle 11 months. The Committee also recalls that in its 2020 General Observation it considered that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. The Committee accordingly requests the Government to indicate the measures taken to bring the Seafarers’ Act in full compliance with Standard A2.5.1, paragraph 2(b), as well as to ensure that in practice seafarers on board Korean-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board derived from the provisions of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee previously noted that section 38(2) of the Seafarers’ Act provides that a shipowner may claim repatriation expenses from the seafarer in certain circumstances. It requested the Government to provide information on: (i) what would be considered a “justifiable reason” under section 38(2)(1) of the Seafarers’ Act; (ii) the extent of section 38(2)(3); (iii) examples of “reasons” found in collective agreements or seafarers’ employment agreements that could justify the shipowner’s right to recover repatriation costs; and (iv) the procedure under which the seafarer is found to fall within the abovementioned exceptions. With respect to section 38(2)(1) of the Seafarers’ Act, the Committee notes the Government’s information that, while the Seafarers’ Act does not define what is “a justifiable reason”, it is considered a circumstance where there is no wilful misconduct or gross negligence, such as: (i) cancelling the employment agreement due to discrepancies of working conditions with the agreement; (ii) when a seafarer is not able to carry out his or her duty due to an injury or disease that occurred on the ship, unintentionally, or (iii) when the ship is sold to a different shipowner. With regard to section 38(2)(3) of the Seafarers’ Act, the Government clarifies that, in collective agreements and seafarer’s employment agreements, standards established in the Seafarers’ Act are applied mutatis mutandis and no other cases are specified separately. As to the procedure under which it is found that the seafarer falls within the abovementioned exceptions, the Government refers to the complaint procedure brought by the seafarer for the violation of the requirements of the Seafarers’ Act. The Committee requests the Government to provide information on the burden and standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations” pursuant to section 38(2)(1) of the Seafarers’ Act.

Regulation 2.5 and Standard A2.5.2, paragraph 7. Repatriation. Financial security. Documentary evidence. The Committee notes the Government’s detailed information in relation to the application of the 2014 amendments to the Code of the Convention (Standard A2.5.2). Concerning Standard A2.5.2, paragraph 7, the Committee notes the Government’s information that under section 151-1(2) of the Seafarers’ Act, the shipowner must post in a conspicuous place on the ship the name and contact information of the repatriation insurance company and the duration of the repatriation insurance. It notes however that section 58-11 of the Enforcement Ordinance (scope of the documents to be posted in the ship) lists only part of the information requested under Appendix A2-I. The Committee requests the Government to specify how it ensures full compliance with Standard A2.5.2, paragraph 7 and Appendix A2-I.

Regulation 2.5 and Standard A2.5.2, paragraph 9. Repatriation. Financial security. Coverage. The Committee requested the Government to indicate whether national legislation requires that the financial security system is sufficient to cover the items provided under Standard A2.5.2, paragraph 9. The Committee notes the Government’s information that under section 42-2 of the Seafarers’ Act, repatriation insurance shall guarantee the payment expenses for repatriation, repatriation allowances (defined under section 39 of the Act), as well as expenses incurred in providing goods or services necessary for living on a ship (including food and water, fuel and medical support necessary for survival). The Committee recalls that assistance provided by the financial security system shall also cover outstanding wages and other entitlements due under the seafarers’ employment agreement, relevant collective agreements and legislation, limited to four months (Standard A2.5.2, paragraph 9(a)). It also recalls that the system covers the essential needs of the seafarer until the seafarer’s arrival at home (Standard A2.5.2, paragraph 9(c)). The Committee requests the Government to indicate the measures taken to comply with Standard A2.5.2, paragraph 9(a) and (c).

Regulation 3.1 and Standard A3.1, paragraph 6(a)–(f). Accommodation and recreational facilities. General requirements. Headroom. Location of sleeping rooms. In its previous comments, the Committee noted various inconsistencies between sections 19 et seq. of the Notice on ship facilities and Standard A3.1, paragraph 6(a)–(d) and (f). It requested the Government to provide detailed explanations on the exemptions under the Notice and to review it to ensure conformity with the requirements of Standard A3.1. The Committee notes with interest the following information provided by the Government in reply to its comments: (i) section 21 of the Notice on ship facilities has been amended to allow exemptions (reduction of headspace to 180 cm) only for “ships of less than 200 gross tonnage not engaged in international voyages but with a navigational area of less than the coastal waters”; and (ii) sections 19 and 22 of the Notice on ship facilities (on location of accommodation spaces, including sleeping rooms) have been amended to extend their application to ships of “more than 200 gross tonnage engaged in or beyond coastal waters and ships engaged in international voyages”. The Committee finally notes the Government’s reference to section 24 of the Notice on ship facilities, which gives application to Standard A3.1, paragraph 6(f) and Guideline B3.1.1. The Committee takes note of this information, which addresses its previous request. The Committee notes the Government’s information that section 44 of the Notice on ship facilities (insulation) “has been amended to exempt ships navigating in territorial waters”. The Committee refers to its comments under Article II, paragraphs 1(i) and 5 and requests the Government to ensure that Standard A3.1, paragraph 6(b) is applied to all ships covered by the Convention.

Regulation 3.1 and Standard A3.1, paragraph 6(h). Accommodation and recreational facilities. General requirements. Health and safety protection and accident prevention. The Committee notes that in reply to its previous request, the Government indicates that it implements Standard A3.1, paragraph 6(h) through clause 4 of section 2 of the Rules on Safety and Health for Seafarers. Under the cited section, a shipowner in order to prevent danger of work on a ship and maintain hygiene shall provide, inter alia, for “installation facilities necessary to maintain an appropriate level of hygiene such as ventilation, skylights and lighting in accommodation, engine rooms and galleys, etc., maintenance of temperature, and prevention of noise and vibration.” The Government further indicates that sections 941 to 971, Part 8, of the Structural Standards of Steel Ships deal with noise. In addition, sections 82 to 91, Chapter 8, of the Safety, Health and Accident Prevention Standards - to be promulgated in 2021 – deal with vibration and sections 92 to 105 deal with noise. The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraphs 7 and 9. Accommodation and recreational facilities. Ventilation and heating. Sleeping rooms. The Committee notes the Government’s information in reply to its comments, that the exemption requirements in sections 32 (Installation of Bathroom and Laundry, etc.) and 45 (Heating and Air Conditioning System) of the Notice on ship facilities are established or amended through consultation with shipowners’ and seafarers’ organizations. The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraph 8. Accommodation and recreational facilities. Lighting. The Committee, noting that section 46 of the Notice on ship facilities provides for an exemption regarding lighting requirements not allowed under the Convention, requested the Government to amend it in order to comply fully with the Convention. The Committee notes the Government’s information that section 46(1) of the Notice on ship facilities refers to passengers’ rooms and not to seafarers’ rooms. The Government also indicates that section 46(2) was amended in order not to allow for exceptions. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. In its previous comments, the Committee noted that the exception provided by paragraph 3 of table 6 of the Enforcement Ordinance (standards for computation of number of maximum passengers) for ships of less than 200 gross tonnage was not in line with the Convention and requested the Government to indicate how it implements Standard A3.1, paragraphs 20 and 21 of the Convention. The Committee notes the Government’s information that, in order for the exemption to be applied to ships not covered by the MLC, 2006, paragraph 3, table 6 of the Enforcement Ordinance will be amended to cover ships with a gross tonnage of 200 tons or more and navigating in territorial waters. Referring to its comments under Article II, paragraphs 1(i) and 5, the Committee requests the Government to provide information on any development in this regard. The Committee previously requested the Government to indicate which provision requires, in accordance with Standard A3.1, paragraph 9(b), that a separate sleeping room be provided for men and women seafarers. Noting that the Government provides no information in this regard, the Committee requests it to supply such information in its next report.

Regulation 3.1 and Standard A3.1, paragraph 10. Accommodation and recreational facilities. Mess rooms. The Committee previously noted that section 29 of the Notice on ship facilities provides for exclusions and exemptions, which are not in conformity with the Convention. It requested the Government to indicate how it respects the criteria allowing exemptions to Standard A3.1, paragraph 10. The Committee notes the Government’s information that section 29(1) of the Notice on ship facilities, which only applied to ships of more than 500 gross tonnage engaging beyond coastal waters, was amended to extend its scope of application to “all ships of 200 gross tonnage and above and engaging beyond coastal waters and all ships engaged in international voyages.” It also notes, however, that the same section provides that “exemptions shall be made for passenger ships engaged in short voyages and ships of less than 500 gross tonnage which navigate exclusively in territorial waters”. The Government clarifies that “passenger ships engaged in short voyages” are “passenger ships which navigate for less than six hours and which are not used for crew accommodation” and that it is difficult to install mess rooms in small ships (less than 500 gross tonnage). Regarding ships navigating in territorial waters, the Committee refers to its comments under Article II, paragraphs 1(i) and 5. The Committee also recalls that Standard A3.1, paragraph 10(a) of the Convention only allows the exemption of ships of less than 3,000 GT from the requirement of the location of mess rooms. The Committee requests the Government to bring its legislation in full conformity with Standard A3.1, paragraph 10.

The Committee notes the Government’s information in reply to its previous comments that section 29(1)(1)(c) of the Notice on ship facilities was amended to remove exemptions regarding sufficient refrigerator capacity and a hot/cold drinking water system for ships other than ships of 1,000 gross tonnage and above engaged in international voyages. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 11. Accommodation and recreational facilities. Sanitary facilities. The Committee notes that in reply to its previous request, the Government indicates that section 31 of the Notice on ship facilities is related to requirements for passengers who are on board passenger ships, not seafarers. The Committee further notes the Government’s information in reply to its previous comments that section 32(1) of the above-mentioned Notice has been amended to provide that the requirement on the number of sanitary facilities may be alleviated in case of a “sailing vessel, public vessel, and passenger ship with not more than four hours of navigation”. The Committee takes note of this information, which addresses its previous request.

In its previous comments, the Committee noted that section 32(1) of the Notice on ship facilities only applies to “ships of 500 gross tons and over engaged in or beyond coastal waters”. It requested the Government to provide information on the manner in which the requirements of Standard A3.1, paragraph 11(c) are implemented in ships of less than 500 gross tons. The Committee notes the Government's information that section 32(1) of the Notice on ship facilities was amended to extend its application to “all ships of 200 gross tonnage and above and engaging beyond coastal waters and all ships engaged in international voyages.” As a result and pursuant to Article II, paragraph 6, ships of less than 200 gross tonnage with a navigational area of less than the coastal waters are excluded from the application of the requirement of Standard A3.1, paragraph 11(c), considering the difficulty to install sanitary facilities on small ships. The Committee requests the Government to indicate how, pursuant to Article II, paragraph 6 of the Convention, the requirement of Standard A3.1, paragraph 11(c) (sanitary facilities for every six persons) is regulated by legislation or collective agreements in relation to ships, which are excluded from the scope of section 32(1) of the Notice on ship facilities.

Regulation 3.1 and Standard A3.1, paragraph 12. Hospital accommodation. The Committee notes the Government’s information in reply to its comments, that section 30 was amended to provide for possible exemptions only for sailing boats and state-owned ships. The Committee takes note of this information, which addresses its previous request.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Qualifications of catering staff. The Committee notes the Government’s information in reply to its previous request that the exemption under section 76(6) of the Seafarers’ Act (detailed under section 22-2 of the Enforcement Decree of the Seafarers’ Act) concern ships which are non-seagoing vessels, ships with a complement of fewer than 10 seafarers, and fishing boats. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1. Medical care on board and ashore. In its previous comments, the Committee noted that sections 84 and 85 of the Seafarers’ Act, while reproducing respectively the requirements of Standard A4.1, paragraph 4(b) and (c), provide for exceptions which are not allowed under the Convention. It requested the Government to indicate the measures taken to fully implement the requirements of the Convention. The Committee notes the Government’s information that in practice the exemption under section 84 (medical doctor on board) has not been used. The Government further indicates that a revision of the relevant regulations is expected. With regard to section 85 (persons in charge of medical service), the Government indicates that it is in line with the Convention. The Committee observes once again that section 85 of the Seafarers’ Act provides for exceptions which are not allowed under Standard A4.1, paragraph 4(c), insofar as it: (i) does not apply to “cases prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries”; (ii) is limited to ships with a gross tonnage of more than 5,000 tons navigating in ocean waters; and (iii) provides for an exemption to the requirement concerning qualification where a shipowner obtains approval from the competent authorities owing to extenuating circumstances. The Committee requests again the Government to indicate the measures taken to ensure full conformity with Standard A4.1, paragraph 4(b) and (c).

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. In its previous comments, the Committee requested the Government to amend sections 94 and 96 of the Seafarers’ Act in order to ensure that the period of shipowners’ liability is not less than 16 weeks from the day of the injury or the commencement of the sickness. The Committee notes the Government’s information that the Seafarers’ Act distinguishes occupational injury/sickness from injury/sickness due to a cause other than from service on a ship. For an occupational injury/sickness, medical treatment is given at the shipowner’s expense until the injury/sickness is treated. The shipowner shall pay sickness compensation in an amount equivalent to 100 per cent of ordinary wages during four months, and after an amount equivalent to 70 per cent of ordinary wages shall be paid. According to the Government, ensuring injury/sickness compensation for up to three months for causes other than from service on a ship is a special protection system to enhance the shipowner’s responsibility despite the injury/sickness not being occupational. The Government further indicates that the requirement of the liability period of a shipowner to be “at least 16 weeks from the date of the injury/sickness” is not mandatory and should be applied only to occupational injury/sickness. The Committee recalls that Regulation 4.2 applies to sickness, injury and death occurring while seafarers “are serving under a seafarers’ employment agreement or arising from their employment under such agreement”. Therefore, the Regulation applies to both occupational and non-occupational sickness/injury. In this regard, the Committee recalls that Standard A4.2.1, paragraph 5 allows for national legislation to exclude shipowner’s liability in respect of injury incurred otherwise than in the service of the ship, but no illness. The Committee requests the Government to take the necessary measures to bring sections 94 and 96 of the Seafarers’ Act in full conformity with Standard A4.2.1, paragraphs 2 and 4 in order to ensure that, with regard to non-occupational sickness and injury, the period of shipowners’ liability is not less than 16 weeks from the day of the injury or the commencement of the sickness.

Regulation 4.2 and Standard A4.2.1, paragraphs 1(b) and 8 and Standard A4.2.2, paragraph 2. Shipowner’s liability. Financial security. Form and consultations. The Committee notes the Government’s information that section 106 of the Seafarers’ Act provides that “a shipowner shall buy insurance policies or join mutual aids, both of which are prescribed by the Presidential Decree, so that he/she fully covers accident compensation described herein for all seafarers aboard a relevant ship of his or hers”. It further notes the Government’s information that the Seafarers’ Act requires shipowners to provide financial security in order to assure compensation in the event of death or long-term disability, as well as injury or sickness of seafarers due to an occupational accident. Oceangoing shipowners buy usually a P&I insurance and domestic shipping owners usually join Korea Shipping Association mutual aids. The Committee requests the Government to provide information on the legislation implementing the detailed requirements of Standard A4.2.1, paragraph 8.

Regulation 4.2 and Standard A4.2.1, paragraphs 11 and 14. Shipowner’s liability. Financial security. Documentary evidence. In its previous comments, the Committee requested the Government to indicate the provisions requiring that ships to be certified pursuant to Regulation 5.1.3 carry on board documentary evidence of financial security. The Committee notes the Government’s information that under section 151-1(4) of the Seafarers’ Act, the shipowner must post in a conspicuous place on the ship “documents describing whether accident compensation insurance, etc. has been purchased, the procedures for claiming and paying insurance money, and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries”. The Committee notes that section 58-11 of the Enforcement Ordinance referred to by the Government (scope of the documents to be posted in the ship) does not contain all the information listed under Appendix A4-I. The Committee requests the Government to specify how it ensures full compliance with Standard A4.2.1, paragraph 14 and Appendix A4-I.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee previously noted that section 4(1) of the Rules on the safety and health for seafarers provides that “a master may be in charge of safety in case of a ship the number of which is less than 10 persons”. It requested the Government to indicate if safety committees must be established on all ships with five or more seafarers and, if not, to amend its legislation in order to ensure full conformity with Standard A4.3, paragraph 2(d). The Committee notes the Government’s information that the inspection for certification under section 137 of the Seafarers’ Act requires the confirmation of whether the onboard safety committee has been formed according to the MLC, 2006. The Government further indicates that work is in progress to establish Onboard Health and Safety and Accident Prevention Standards as a Notification of the MOF. According to such standards, ships with more than five crew members are required to form an onboard safety committee consisting of the captain, chief engineer, safety management officer, safety management representative, and medical service officer. The Committee requests the Government to provide information on the adoption of the Onboard Health and Safety and Accident Prevention Standards and to provide a copy of it as soon as it is available.

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. In its previous comments, the Committee requested the Government to indicate how it implements the obligation provided for under Standard A4.3, paragraph 8. The Committee notes the Government’s information that the inspection for certification pursuant to the Seafarers’ Act requires the confirmation of the implementation of the risk assessment requirement. The Government further indicates that section 46 of the Maritime Safety Act provides that shipowners must establish and implement a management system for safe ship operations including establishing safeguards against all identified hazards. The Government adds that the Onboard Health and Safety and Accident Prevention Standards - that are currently being established - stipulate that shipowners should conduct an annual evaluation of onboard health and safety risks. The Committee requests the Government to provide information on any developments in giving full application to Standard A4.3, paragraph 8 of the Convention.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to indicate how it ensures the implementation of Standard A4.5, paragraph 3 to all seafarers ordinarily resident in its territory, regardless of their nationality. The Committee notes the Government’s information that the National Health Insurance Act, the National Pension Act, and the Employment Insurance Act are applied to all seafarers boarding a Korean-flagged ship. However, considering that the visa or contract period is limited for a foreign seafarer, insurance is stipulated in a form of voluntary subscription according to the seafarer’s will. The Committee notes that under section 109(2) of the National Health Insurance Act, foreigners resident in the Republic of Korea are employee-insured if they fill certain requirements, e.g. registration pursuant to the Resident Registration Act. It also notes that section 126 of the National Pension Act provides that a foreigner employed in a workplace governed by this Act who resides in the Republic of Korea, other than a person prescribed by Presidential Decree “shall be a workplace-based insured person or individually insured person”. The Committee further notes that the Employment Insurance Act also applies to a foreign worker who holds “a status of residency” (section 3(2) of the Enforcement Decree of the Employment Insurance Act). The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits to seafarers in the absence of adequate coverage. The Committee notes that in reply to its previous comments, the Government indicates that all seafarers boarding a Korean-flagged ship can receive social security according to Korean law. Accordingly, section 20 of the Enforcement Ordinance provides that the seafarer employment agreement should include details on the protection of health and social security. However, seafarers without residency in Korea who board and leave from ports abroad, due to the limitation of a seafarer’s contract, return to their home country after the termination of the contract. In this case, the social security provided by the Republic of Korea such as health insurance can only be received in Korean territory, providing no benefits for a non-resident seafarer. The Government clarifies that non-resident seafarers can apply for insurance, but even though they pay the insurance premium, in practice they will receive no benefits. While noting this information, the Committee requests the Government to provide information on any development aimed at ensuring comparable benefits to non-resident seafarers working on board Korean-flagged ships.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. The Committee notes that in reply to its request on the scope of section 123(1) of the Seafarers’ Act, the Government indicates that ships subject to the application of the Convention are periodically inspected within three years pursuant to section 137 of the Seafarers’ Act and the remaining ships are subject to inspection under section 123 of the Act. The exemption provided by section 123(1) is to avoid that a ship inspected through section 137 is re-inspected through section 123. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 6. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. The Committee notes that in reply to its previous comments, the Government indicates that the Seafarer Labour Supervisor shall be appointed by the MOF or the head of each local government from among the public officials of the Ministry. The public officials of the Republic of Korea shall maintain political neutrality in accordance with the State Public Officials Act and section 65 of the National Public Officials Act. In addition, the Seafarer Labour Supervisor shall perform his/her duties fairly and independently pursuant to section 128 of the Seafarers’ Act. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 5. Flag State responsibilities. Investigation and remedy. The Committee notes that in reply to its previous comments, the Government indicates that the Seafarer Labour Inspector shall confirm compliance with the MLC, 2006 in accordance with the Seafarer Labour Inspector’s Duties Rules, and the implementation guide shall be used for reference. The Committee takes note of the table provided by the Government describing the complaint process. It further notes the Government’s information that, in accordance with section 5 of the Seafarer Labour Inspector’s Duties Rule, upon receipt of a complaint on board, the inspector shall investigate without delay and listen to the statements of the shipowner and seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Flag State responsibilities. Confidentiality of sources of grievances or complaints. The Committee notes that in reply to its previous comments, the Government indicates that measures to maintain the confidentiality of persons receiving complaints and grievances in accordance with Standard A5.1.4, paragraph 10 are specified in section 7 of the Civil Petitions Treatment Act, section 59 of the Personal Information Protection Act and section 128 of the Seafarers’ Act. Section 128 of the Seafarers’ Act provides that Seafarers’ Labour Supervisors shall not divulge confidential information they had access to while performing duties. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Reporting on inspections. In its previous comments, the Committee requested the Government to specify how it is ensured that a copy of the inspection report is posted on the ship’s noticeboard as required by Standard A5.1.4, paragraph 12. The Committee notes the Government’s information that when an inspection is carried out pursuant to sections 136 and 138 of the Seafarers’ Act, the Maritime Labour Certificate shall be issued with the inspection details, and a copy of the issued certificate shall be posted in a clearly visible place on board. The Committee recalls that according to Standard A5.1.4, paragraph 12, the copy of the report of each inspection shall be posted on the ship’s noticeboard for the information of the seafarers and, upon request, sent to their representatives. The Committee requests the Government to indicate the measures taken to give full effect to Standard A5.1.4, paragraph 12 of the Convention.