• Journal of Arbitration Studies
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• v.30 no.3
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• pp.21-45
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• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

• Journal of Navigation and Port Research
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• v.44 no.6
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• pp.534-540
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• 2020

Like most developed countries, South Korea is experiencing a severe lack of seafarers. Because young people's demands for a high quality of life has led them to seek shore-based careers. The wage difference between seafaring and shore-based careers has been decreasing gradually, however South Korea's unique Boarding Service Reserve System Policy has helped recruit and retain young sailors and, since 2017, the government has focused on creating new jobs and stabilizing the status of irregular workers in both private and public sectors. It specifically established the Economic, Social & Labor Council to carefully analyze seafarers' employment stability, which previously had been overlooked in the country. This research used the Binary Logit Model (BLM) to analyze the determinants of seafarers' employment stability in both permanent and non-permanent positions. We found that seafarers' employment stability correlated highly with their education level. This means that seafarers who graduated from the above mentioned two maritime universities would have more job stablity than those who graduated from maritime high schools or general universities. Other independent variables, such as the shipping company, vessel, hip management companies, work assignment, rank, and license had no significant impact on employment stability.

• Journal of the Korean Institute of Navigation
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• v.21 no.1
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• pp.75-87
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• 1997

Chinese seafarers have begun to be employed by foreign shipowners since 14979. Recognizing the benefits of overseas seafarers employment , Chinese goverment has implemented policy for seafarers' education and supply. Over the past two decades, the goverment has expanded and improved seafarer training facilities. As a result a number of seafarers have been educated, who are now available for employment on Chinese and foreign flag vessels. In 1995, about 20,000 Chinese seafarers served on foregin shipowner's vessels and the total foreign currency they earned was approximately US ＄300 million. This paper aims to describe the education system for Chinese seafarers and the mechanism of Chinese overseas seafarers employment and to highlight main problems occurred in the mechanism of their overseas employment. It takes the fact-finding research method with literature survey and interview.

• Journal of Fisheries and Marine Sciences Education
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• v.25 no.3
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• pp.697-704
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• 2013

The aim of this paper is to represent about the actual conditions of manpower supply in seaman's competency certificate of fishing vessel. Data used here were based on Korea Seafarer's Statistical Year Book(2007~2011) issued by Ministry of Land, Transport, Maritime Affairs and Alma Mater of employed Seafarer's issued by Korea Seafarer's Welfare & Employment Center, and concerned various laws. The results are as follows : 1. The demanding officers(DO) in the present fishing vessels as minimum boarding standard of Ships Officers Act figured up 5,929 persons totally. Those are divided into officers of 2,988 persons and engineers of 2,941 persons. 2. Comparing DO with now boarding officer members, incase of Coastal & near-ocean fishing vessels exceeded approximately 11.5%(478 persons), but Ocean-going fishing vessels were short supply about 26.7%(477 persons). 3. In spite of ships officers' lacking in Ocean-going, boarding officers until now are only 3.5%(133 persons) annually of alma members in various fisheries schools.

• Journal of Navigation and Port Research
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• v.38 no.1
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• pp.1-9
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• 2014

As the ratio of women's socioeconomic participation expanded, this phenomenon appeared maritime industry. The advent of female seafarers will be the solution for the shortage of seafarer as well as for women's employment instability all over the world. This paper analyzed the state of present female maritime officers and suggested the activation strategy which preliminary female officers advised by AHP and STOW analysis. This paper finds to strengthen their superior aspects like professional knowledge, practical ability, job performance, improve the education system by gender, strengthen the career path and transform the policy for them by sensitively external changes by government and education institutions.

• Journal of Korea Port Economic Association
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• v.32 no.4
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• pp.149-163
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• 2016

Seafarers are an essential resource in maritime industries, which provide navigation skills, vessel maneuvering skills and fishing skills in the fishery industry. They also work as a driving force in pilotage, port operation, vessel traffic service, and marine safety. Other areas in maritime services, which rely on seafarer include safety management of ships, supervisory activities, and maritime accident assessment. In these ways, Korean seafarers have contributed to the growth of Korean economy. However, there have been issues of high separation rate, shortage of supply, multi-nationality, multiplicity of culture caused by employment of foreign seafarers, and aging. The present paper finds that maritime officers and fishery officers demonstrate differences in the statistics of on-board job taking and separation: the separation rate of fishery officers is higher than that of maritime officers. The existing data and statistics by the Korea Seafarer's Welfare & Employment Center could be improved by changing its structure from time series to panel data. The Korea Seafarer's Welfare & Employment Center is the ideal institution for collecting the panel data, as it has already accumulated and published relevant statistics regarding seafarer. The basic design method of the panel data is to adopt and improve it by including the information on ratings of maritime and fishery industries, ranks in a ship, personal information, family life, and career goal. Panel data are useful in short- and long-term forecasts of supply of Korean seafarers; demand evaluation of education, training, and reeducation of the seafarers; demographical dynamic analysis on Korean seafarers; inducement policy of long-term on board job taking in harmony with man-power demands in marine industries such as pilotage service; implementation of job attractiveness policy on Korean seafarers; and employment stabilization of Korean seafarers.

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.8-8
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• 2017

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.2
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• pp.407-416
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• 2016

The offshore plant industry has basically functioned with a rigid teamwork culture and many operations are managed by ship's crew, shifts and affiliates together. The marine sector of offshore plant has much similarity with ship's environment. So a person who had experienced on board will have advantages to work for offshore industry. But in spite of all that, only a few korean seafarers are able to join in the offshore industry due to lack of information about the offshore environment. This study analyze the employee's wage structure, nature of employment contract, requirements of job qualifications. Therefore, this study will assist for seafarers to set up how to get their work and also suggest to develop relevant offshore training courses by researching the gap competency matrix.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.6
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• pp.671-678
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• 2016

This study estimates the demands for safety training courses with reference to research on safety training records, seafarer statistics, target groups for safety training, expiry dates of existing safety courses, seafarer employment rates, the retirement age, etc. These results are compared with the seating capacity of the maritime training institute to analyze the anticipated increase in and convergence of demand can be accommodated. The average annual safety training needs for the next five years according to the Seafarers Act include approximately 10,444 people, and the proper annual seating capacity of the maritime training institute is approximately 7,280 people at present. Thus, in order to respond to an increasing demand for safety training, it is necessary to expand the capacity of the safety training facility.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.1038-1043
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• 2021

Guaranteed seafarer wage payment is essential to ensure a stable supply of seafarers. However, disputes over non-payment of wages to seafarers often occur. In this study, an automatic wage payment system was designed using a blockchain-based smart contract to resolve the problem of seafarers' wage arrears. The designed system consists of an information register, a matching processing unit, a review rating management unit, and wage remittance before deploying smart contracts. The matching process was designed to send an automatic notification to seafarers and shipowners if the sum of the weight of the four variables, namely wages, ship type/fishery, position, and license, exceeded a pre-defined threshold. In addition, a review rating management system, based on a combination of mean and median, was presented to serve as a medium to mutually fulfill the normal working conditions. The smart contract automatically fulfills the labor contract between the parties without an intermediary. This system will naturally resolve problems such as fraudulent advance payment to seafarers, embezzlement by unregistered employment agencies, overdue wages, and forgery of seafarers' books. If this system design is commercialized and institutionally activated, it is expected that stable wages will be guaranteed to seafarers, and in turn, the difficulties in human resources supply will be solved. We plan to test it in a local environment for further developing this system.