• Journal of Navigation and Port Research
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• v.29 no.3 s.99
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• pp.227-234
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• 2005

It is said the maritime labour law that total legislation system regulate all relationship concerning a labour of seafarers. A possibility of danger, a helplessness from the shore, a importance of the responsibility, a segregation from the public, etc. is mentioned as the particularity of a maritime labour which is distinguished from that of a shore labour. Therefore, the improvement of social standing and protection of rights for seafarers may be achieved substantially by the maritime labour standards considering such particularity of maritime labour. A vessel is itself international relationship, accordingly maritime labour is also same. It means that international relationship should be considered, whenever any country makes it's national law for maritime labour. Therefore, this paper aims to find out the spirit of legislation for the maritime labour law through a historical study on the development of it, and suggest the facts that should be considered for legislation of domestic law concerned.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.1
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• pp.75-80
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• 2006

ILO has contributed for seafarers to promote conditions of employment and decent work through maritime labour standards. Between 1920 and 1996, a total of 39 Conventions and 29 Recommendations concerning seafarers have been adopted, which demonstrates the import part of ILO activities devoted to seafarers' questions. But many instruments were outdated, deficient and not reflective of modern practice, many contained technical detail which discouraged ratification. the Governing Body of ILO, at its 262nd Session(March-April 1995), decided to set up a Working Party regarding the revision of maritime labour standards. This Working Party initiated its examination of maritime instruments to 273rd Session(November 1998) of the Governing Body. The review made by the Working Party has concluded that existing maritime Conventions were considered either up to date or were identified for promotion, most of which were approved by the Governing Body. Therefore, ILO started to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing maritime labour convention. The Maritime Labour Convention 2006 has been adopted in February 2006. This paper aims to analyze the significance of this convention and the influence regarding to maritime labour affairs in the field of shipping industry.

• Journal of Navigation and Port Research
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• v.31 no.1 s.117
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• pp.115-119
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• 2007

ILO has contributed for seafarers to promote conditions of employment and decent work through maritime labour standards. Between 1920 and 1996, a total of 39 Conventions and 29 Recommendations concerning seafarers have been adopted, which demonstrates the important part of ILO activities devoted to seafarers' questions. But many instruments were outdated, deficient and not reflective of modern practice, many contained technical detail which discouraged ratification. The Governing Body of ILO, at its 262nd Session(March-April 1995), decided to set up a Working Party regarding the revision of maritime labour standards. This Working Party initiated its examination of maritime instruments to 273rd Session(November 1998) of the Governing Body. The review made by the Working Party has concluded that existing maritime Conventions were considered either up to date or were identified for promotion, most of which were approved by the Governing Body. Therefore, ILO started to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing maritime labour conventions. The Maritime Labour Convention 2006 was adopted in February 2006. This paper aims to analyze the significance of this Convention and the influence regarding to maritime labour affairs in the field of shipping industry.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.153-157
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• 2006

The General Conference of International Labour Organization adopted the Maritime Labour Convention on 23 February 2006 in Geneva, Swiss and it is. composed of four structures of Preamble and Articles, Regulations, Code A and Code B. According, in the preparation of future enforcement, amendments to the Seamen Act, etc. and relevant regulations are needed and regarding issue of the Maritime Labour Certificate and preparation of The Declaration of Labour Compliance, relevant law and regulation for Recognized Organization and training for related persons, etc. should be established.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.102-105
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• 2005

Between 1920 and 1996, a total of 39 Conventions, 29 Recommendations and one Protocol were adopted by the International Labour conference. But Many ILO Instruments were outdated, deficient and not reflective of modern practice, many contained technical detail which discouraged ratification and were thus ineffective. However, many issues which had become relevant were not covered by existing instruments. Therefore, the Governing Body of ILO, at its 262nd Session(March-April 1995), decided to set up a Working Party on Policy regarding the Revision of Standards. It was decided that the Working Party would examine the need for revision of all maritime Conventions and Recommendations adopted before 1985 with a view to rejuvenating and strengthening the standard-setting system. The Working Party initiated its examination of maritime instruments during 273rd Session(November 1998) of the Governing Body. The review made by the Working Party has concluded that of the maritime Conventions examined, seven of them are obsolete and should be revised, 13 should be denounced and six were considered either up to date or were identified for promotion, most of which were approved by the Governing Body. The consolidated maritime labour convention will be adopted in February 2006.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.43-45
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• 2007

The International Labour Organization adopted the Maritime Labour Convention, 2006 on 23 February 2006. This convention contains the regulation about social security for seafarers in the Tittle 4. For the purpose of ratifying this Convention in our country, it is necessary to examine the domestic law and regulation concerned whether it fulfills or not the required conditions of the Convention Therefore, this paper aims to find the difference between the domestic law and the convention, also suggest the way to solve the problems.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.237-244
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• 2008

The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.7
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• pp.1191-1200
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• 2022

The COVID-19 pandemic can be deemed one of the greatest hardships faced by mankind in the 21st century. All industries have been severely affected and workers are still experiencing deep difficulties due to the changed working and living environment. Seafarers have been recognized by the international community as key workers since the pandemic began. They are also working internationally to establish a Level Playing Field through the protection of their rights through the Seafarers' Employment Agreement and the implementation of international labour standards. However, despite the obligations under international conventions to be implemented by State parties and the recommendations by international organizations, the rights of seafarers under the Maritime Labour Convention were violated were violated and their occupational safety and health of seafarers were further threatened throughout the pandemic. This article analyzes the impact of the international shipping industry and the implementation of the Maritime Labour Convention based on each country's measures during the COVID-19 pandemic. Furthermore, the amendments of the Maritime Labour Convention adopted through the fourth Special Tripartite Committee were analyzed based on the conference documents and reports to comprehend the implied meaning. The adopted eight amendments to the Maritime Labour Convention are expected to positively affect the seafarers' rights, safety and health in the future, but the international community's efforts should continue because the issues of maximum working hours, maximum service period on board, and the repatriation of seafarers still remain unsettled.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.108-109
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• 2005

The aim of Port State Control(PSC) system is recognized as a proficient mechanism in preventing coastal traffic accident and protecting marine environment. Recently, PSC system is focused on human factor of International Maritime Convention, especially ILO and STCW Convention by considering many accidents resulted from human factor. Therefore, we have to understand of Consolidated Maritime Labour Convention which describes employment conditions and social welfare policy, the rights about the lowest wages, the overdue wages, the unemployment protection. a disaster reward, etc and STCW Convention which describes standards of training, certification and watchkeeping for seafarers. The aim of this study is to recognize inspection points about human factor of these Conventions. .

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.1
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• pp.18-26
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• 2019

The Maritime Labour Convention, 2006, (MLC) aimed to ensure decent working conditions for seafarers and entered into force on August 20, 2013. It was considered as the fourth pillar in the maritime sector. This paper evaluates how the MLC has been implemented in the field and what issues were addressed in the shipping industry. To achieve this, statistical analysis was conducted using inspection data of Port State Control (PSC) carried out by the Paris MOU and the Tokyo MOU during 2010-2012 and 2014-2016 for deficiencies under the MLC and International Labour Organization (ILO) No. 147 Convention. This study compared pre-2013 and post-2013 deficiency data according to ship's age, size (gross tonnage) and type. The results showed that, although the deficiencies reported by the Tokyo MOU during 2014-2016 were nearly double those from 2010-2012, the deficiency share against total deficiencies for the Tokyo MOU remained two thirds of those for the Paris MOU. This study suggests that the Tokyo MOU should strengthen its inspection efforts on MLC and ILO should provide clear references, such as guidelines and a unified interpretation for national discretions under the MLC for the purpose of harmonized PSC inspections. Additionally, it would be desirable to consolidate the deficiency coding system for the MLC by deleting the codes for the ILO No. 147 Convention, which was incorporated into the MLC. It would also be beneficial to add new deficiency codes for social security, including seafarers' leave and repatriation.