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Maritime Labour Convention, 2006 (MLC, 2006) - Republic of Korea (RATIFICATION: 2014)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified two Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006, for the Republic of Korea. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for the Republic of Korea on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and 3, of the Convention. Scope of application. Cadets. The Committee notes the Government’s statement that the Ministry of Oceans and Fisheries has determined, after consultation of shipowners’ and seafarers’ organizations, that cadets are not to be regarded as seafarers. It further notes: that section 2(1) of the Seafarers’ Act provides that “seafarer” means a person who is employed, engaged or works in any capacity on board a ship to which the Act applies but that those prescribed by Presidential Decree shall be excluded; that Regulation 2 (Person not regarded as a seafarer) of the Presidential Decree of the Seafarers’ Act provides that “persons joining a ship for taking on-board training for the purpose of becoming a seafarer” are not seafarers; and that the combined reading of section 3 (Scope of Application) of the Seafarers’ Act and section 3 (Scope of Application of Trainees) of the Enforcement Ordinance of the Seafarers’ Act only partially applies the provisions of these texts to cadets. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets. The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls 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, in accordance with the Convention.

Article II, paragraphs 1(i) and 5, of the Convention. Scope of application. Ships. The Committee notes the Government’s statement that no cases of doubt have arisen as to whether a ship or a particular category of ship, or a similar navigating means, is covered by the Convention. It notes, however, that exemptions are made to several provisions of the Seafarers’ Act and other regulatory texts for ships “engaged in coastal waters”. Recalling that, under the Convention, a ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, the Committee requests the Government to explain the meaning and extent of the expression “ships engaged in coastal waters”.

Article III. Fundamental rights and principles. The Committee notes that the Republic of Korea has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these fundamental Conventions, the Committee expects to receive concrete information on how the country has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee notes the information provided by the Government as regards the laws and regulations implementing the rights to freedom of association and collective bargaining, as well as the elimination of all forms of forced or compulsory labour. In the absence of observations from the social partners on the implementation of these principles in the specific context of maritime labour, the Committee requests the Government to continue to provide information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect the fundamental rights referred to in Article III, and to indicate any progress made towards the ratification of the four fundamental Conventions cited above.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes 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”. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee requests the Government to amend section 91 of the Seafarers’ Act in order to ensure that no exceptions are permitted to the minimum age for work.

Regulation 1.1 and Standard A1.1. Minimum age and night work. The Committee notes that section 92 of the Act prohibits seafarers under the age of 18 from engaging in work for at least nine hours at night including hours from midnight to five in the morning but that this shall not apply: “(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 …”. The Committee recalls that, according to Standard A1.1, paragraph 3, the competent authority may authorize exceptions to the prohibition of night work of seafarers under the age of 18 years only when the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired or when the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being. The Committee requests the Government to indicate the measures taken or envisaged to amend section 91 of the Seafarers’ Act in order to ensure that exceptions to night work are only allowed in conformity with the Convention.

Regulation 1.1 and the Code. Minimum age and hazardous work. The Committee notes that while section 8 of the Rules on safety and health of seafarers provides for a list of the types of work determined as being likely to jeopardize the health or safety of seafarers under the age of 18 years, the Government does not indicate whether the shipowners’ and seafarers’ organizations concerned were consulted when drawing up this list, in accordance with Standard A1.1, paragraph 4. The Committee requests the Government to specify if the list of hazardous work has been determined after consultation with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraph 6. Nature of medical examination. The Committee notes that, according to section 53(1)(2) of the Enforcement Ordinance of the Seafarers’ Act, 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 latter provides that the term “ship officer” means any certificated officer who serves on board a vessel in a capacity or capacities of master, deck officer, chief engineer, engineer officer, chief radio officer certificate, radio officer certificate or operating officer. It follows that seafarers that are not officers are not obliged to undergo examination of hearing, eyesight and colour vision. The Committee recalls that Standard A1.2, paragraph 6, provides that medical certificates shall state in particular that the hearing and sight of the seafarer concerned and the colour vision in the case of a seafarer to be employed in capacities where fitness for the work to be performed is liable to be affected by defective colour vision, are all satisfactory. The Committee requests the Government to indicate how it implements Standard A1.2 regarding the eyesight and hearing examination of the seafarers who are not officers on board a ship.

Regulation 1.2 and Standard A1.2, paragraphs 7 and 9. Period of validity of medical certificates. The Committee notes that section 54 of the Enforcement Ordinance of the Seafarers’ Act stipulates that “where the period of validity [of a health check-up] expires on a voyage, the date when the voyage comes to an end (three months after the period of validity of health check-up expires where the period of validity of health check-up of seafarers on board a ship other than fishing vessels expires on a voyage and where three months or longer are remained between the expiration date and the end of the voyage) shall be the expiration date thereof.” The Committee recalls that Standard A1.2, paragraph 9, provides that “If the period of validity of a certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months”. Noting that the content of section 54 of the Enforcement Ordinance of the Seafarers’ Act is unclear, the Committee requests the Government to clarify the meaning of that provision and to indicate how it complies with the requirements under Standard A1.2, paragraphs 7 and 9.

Regulation 1.3. Qualifications of seafarers. The Committee notes that section 116 of the Seafarers’ Act provides that: (1) a seafarer shall receive education and training conducted by the Minister of Oceans and Fisheries; and (2) “the Minister shall restrict, unless there is an unavoidable reason, work on board of a seafarer who fails to complete education and training under paragraph (1)”. The Committee requests the Government to provide clarifications on the circumstances in which it is possible to work on board without completing the appropriate education and training. Furthermore, the Committee recalls that, in a direct request it had addressed to the Government relating to the Officers’ Competency Certificates Convention, 1936 (No. 53), the Committee noted that under section 12(1) of the Ship Officer’s Act, there may be exemptions from the obligation to carry certificated officers on board when it is impractical to fill the vacant post immediately in case of a vacancy occurring on ships engaged in-between foreign ports. The Committee also noted that in this case, the shipowner must report the vacancy to the Minister who may decide, if considered necessary, to ask the shipowner to fill the vacancy without delay. The Committee notes that this provision has not been amended so far. It recalls that under Regulation 1.3, paragraph 1, of the Convention, seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties. The Committee requests 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.

Regulation 1.4 and Standard A1.4. Recruitment and placement services. The Committee notes the information provided by the Government. It was, however, unable to identify in the existing legislation any provision implementing the requirements of Standard A1.4, paragraph 5(a) and (c) (regarding prohibition of black lists; keeping registers; ensuring that seafarers examine their employment agreements before and after they are signed, and for them to receive a copy of the agreements; qualification of seafarers; and protection of seafarers in foreign ports, and establishing a system of protection, by way of insurance to compensate seafarers). The Committee requests the Government to indicate the national laws and regulations implementing these requirements. It also notes that the Government does not provide any detail about the procedures for investigating complaints. The Committee requests the Government to provide clarification on the procedures applied in the investigation of complaints concerning the activities of recruitment and placement services, and to indicate whether representatives of shipowners and seafarers are involved in the process.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements to be signed by seafarers and shipowners or shipowners’ representatives. The Committee notes that the example of contract of employment attached to the report provides for signatures by the seafarers and the “Shipowner(s) or for and behalf of the shipowner(s) of the vessel”, but that the provisions regarding seafarers’ employment agreements in the Seafarers’ Act (Chapter IV), the Enforcement Decree of the Seafarers’ Act (Chapter II), and the Enforcement Ordinance of the Seafarers’ Act (Chapter IV) do not mention any requirement as to who should sign the seafarer’s employment agreement. The Committee requests the Government to indicate which legislative or regulatory provision requires the seafarer’s employment agreement to be signed by both the seafarer and the shipowner or a representative of the shipowner, as required by Standard A3.1, paragraph 1(a), of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that neither the Government’s report nor the Seafarers’ Act seem to contain any indication about the circumstances in which a seafarer is authorized to terminate the employment agreement, without penalty, on shorter notice or without notice for compassionate or other urgent reasons, according to Standard A2.1, paragraph 6. The Committee requests the Government to clarify how Standard A2.1, paragraph 6, is applied.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Reasonable charges, if any, by shipowners for transmission services and for determining relevant exchange rates. The Committee notes that the Government refers to subparagraphs 1, 2 and 3 of Regulation 17(2) of the Enforcement Decree of the Seafarers’ Act in relation to the basis for determining the reasonable charge, if any is made, by shipowners for transmission services and for determining any relevant exchange rate. The Committee notes, however, that these provisions do not refer to the matters regulated under Standard A2.2, paragraph 5, which states that any charge for the transmission of earnings of seafarers to their families, dependants or legal beneficiaries shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee requests the Government to indicate how it gives effect to Standard A2.2, paragraph 5.

Regulation 2.2 and the Code. National laws or regulations governing seafarers’ wages. The Committee notes that section 52(1) of the Seafarers’ Act provides that “A shipowner shall pay wages in full in currency directly to a seafarer; provided, however, that where there are special provisions in Acts and subordinate statutes or a collective agreement, he/she may deduct part of wages or pay wages by means other than currency.” The Committee recalls that according to Guideline B2.2.2, paragraph 4(h), deduction from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in an applicable collective agreement and the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations, collective agreements, or court decisions for making such deductions. The Committee requests the Government to indicate which are the provisions allowing deductions from remuneration.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Division of hours of rest. The Committee notes that section 60(4) of the Seafarers’ Act provides that: “Notwithstanding paragraphs (2) and (3), where the competent maritime affairs and port authorities deem it unavoidable in consideration of the frequency of entry into and departure from a port, characteristics of duties of seafarers, etc., it may approve a collective agreement that defines standards of hours of work, and standards for division of the hours of rest and the interval thereof provided for a watchkeeping seafarer or a seafarer working on board a ship on short voyages. In such cases, the administrator of a Regional Oceans and Fisheries Administration shall approve a collective agreement that meets standards for relaxation of the hours of rest prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries.” The Committee further notes that subparagraph 3 of section 39 5(2) (Standards for Relaxation of the Hours of Rest) of the Enforcement Ordinance of the Seafarers’ Act provides that “Notwithstanding paragraph (1) 4 [which reproduces the requirement of the Convention that hours of rest shall not be divided in more than two periods, one of which of at least six hours and the other not less than an hour, with no more than 14 hours between two rest periods], hours of rest may be divided into a maximum of up to three separate times. In such cases, the division shall meet each of the following criteria: (a) Where hours of time is divided into three, one shall continue not less than four hours, and each of the remaining two shall continue not less than one hour; (b) The interval between two consecutive resting times shall not exceed more than 14 hours.” The Committee notes that, under Standard A2.3, paragraph 13, exceptions to the limits set out in paragraphs 5 and 6 of the Standard (maximum hours of work or minimum hours of rest, and division of hours of rest) can be made only through collective agreements. The Committee notes, however, that the copy of agreement provided by the Government with its report, entitled “Agreement on Easing Standard of Rest Period and on Compensation” provides, in its section 1, that “The rest period provided in Paragraph 2 [i.e. minimum of 10 hours of rest in any 24 hour period] may be divided into four separate periods …”. The Committee notes that the copy of a collective bargaining agreement provided by the Government is therefore not in line with the Convention. In addition, a period of a minimum of ten hours of rest divided in up to four separate periods, one of possibly four hours and three of possibly just one hour, clearly poses the problem of the fatigue of seafarers and its consequences. The Committee requests the Government to explain how the requirements of Standard A2.3 are enforced, including in practice, and to provide copies of other collective agreements relating to exceptions to the rules of hours of work and hours of rest.

Regulation 2.3 and Standard A2.3, paragraphs 8, 10 and 12. Compensatory rest period for on-call work, posting of shipboard working arrangements and right of seafarers to receive copies of records of daily hours of work or rest, endorsed by them and the shipowner. The Committee notes that section 62(4) of the Seafarers’ Act 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. The Committee recalls that Standard A2.3, paragraph 12, provides that “seafarers shall receive a copy of the records pertaining to them”. Accordingly, all seafarers should receive the records of their hours of work or rest without having to request them. The Committee requests the Government to indicate the measures taken to comply fully with the requirements of Standard A2.3, paragraph 12. It also notes that, apart from the abovementioned provision, there are no provisions in the Seafarers’ Act, the Enforcement Decree of the Seafarers’ Act, or the Enforcement Ordinance of the Seafarers’ Act, implementing the requirements of the Convention with regard to compensatory rest period for on-call work (in the absence of collective agreement or arbitration award), as well as with regard to posting of shipboard working arrangements. The Committee requests the Government to indicate the legislative or regulatory provisions implementing the requirements, respectively under Standard A2.3, paragraphs 8, and 10, relating to compensatory rest period for on call work and posting of shipboard working arrangements.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Maximum period of service on board a ship. The Committee notes the Government’s statement that the maximum period of service on board a ship is 12 months in the Republic of Korea. It also notes 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 recalls that Standard A2.5, paragraph 2(b), provides that national laws or regulations, other measures, or collective bargaining agreements, should prescribe “the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months”. The Committee requests the Government to clarify how it ensures, in practice, that the seafarers’ maximum period of service on board is less than 12 months.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Prohibition to recover cost of repatriation from seafarers. The Committee notes that section 38(2) of the Seafarers’ Act provides that a shipowner may claim repatriation expenses from the seafarer (but not more than 50 per cent of the cost if the seafarer has worked on board for six months or more): (1) when the seafarer leaves the ship “without a justifiable reason”; (2) when the seafarer has brought on board a lethal weapon or narcotics without authorization from the captain; or (3) when the seafarer “falls under the reasons prescribed by a collective agreement, the rules of employment or a seafarers’ employment agreement”. In this regard, the Committee recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from recovering the cost of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations, other measures, or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. It emphasizes that the possibility provided by the Convention to recover the cost of the repatriation from the seafarer is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. The Committee requests the Government to specify what would be considered a “justifiable reason” under section 38(2)(1) of the Seafarers’ Act, to provide information on the meaning and extent of section 38(2)(3), and to provide examples of “reasons” found in collective bargaining agreements, rules of employment or seafarers’ employment agreements that could justify that the shipowner has the right to recover the repatriation costs. The Committee also requests the Government to clarify on the basis of which procedure it is found that the seafarer falls within the abovementioned exceptions.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and Standard A3.1, paragraph 6(a)–(f). General requirements for accommodation. The Committee notes the Government’s reference to section 26 of the Seafarers’ Act and to sections 19–22, 24 and 44 of the Marine Notice on Ship Facilities Standards which lay out the general requirements for accommodation, especially as regards the location of accommodation, the separation of crew accommodation spaces and others, headroom, facilities and insulation. It notes, however, that: (a) section 21 provides for a minimum of 203 cm, in accordance with Standard A3.1, paragraph 6(a), but allows for a reduction of the headroom in specific cases, including to 180 cm for ships less than 200 GT engaged in coastal waters (the Committee recalls that Standard A3.1, paragraph 20, allows exceptions for ships less than 200 GT but only for specific provisions of the Standard, which do not comprise paragraph 6); (b) section 44 complies with paragraph 6(b) with regards to insulation but applies only to “ships engaged in international voyages”; (c) section 19 provides that accommodation spaces, sanitary spaces and sleeping rooms shall be situated above the load line, in conformity with paragraph 6(c), but only for ships of more than 500 GT (in addition, the Minister may grant exemptions which go beyond those provided for under paragraph 6(d)); and (d) section 24, relating to facilities of crew accommodation, covers only partially what is required under Standard A3.1, paragraph 6(f). In view of the above, the Committee requests the Government to provide detailed explanations on the implementation of paragraphs 6(a)–(f) of Standard A3.1, especially with a view to explaining the extent of exemptions possible, and to review the Marine Notice on Ship Facilities Standards with a view to conforming strictly to the requirements of Standard A3.1.

Regulation 3.1 and Standard A3.1, paragraph 6(h). Prevention against exposure to hazardous levels of noise and vibration and other ambient factors. The Committee notes that section 45(2) of the Marine Notice on Ship Facilities Standards, to which the Government refers, covers the requirements of the Convention about heating and air-conditioning systems. It notes, however, that Standard A3.1, paragraph 6(h), is broader in scope as it refers to the obligation to prevent the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals. The Committee requests the Government to provide information on how it ensures that the requirements of Standard A3.1, paragraph 6(h), concerning noise and vibration are implemented and to specify the regulations adopted to this effect.

Regulation 3.1 and Standard A3.1, paragraph 8. Lighting. The Committee notes that both paragraphs of section 46 of the Marine Notice on Ship Facilities Standards provide for exemptions regarding lighting requirements “if the Ministry of Oceans and Fisheries considers it no impediment after taking account of the light and ventilation”. It recalls that the Convention does not allow for any exemptions to be made with regard to lighting. The Committee requests the Government to amend section 46 of the Marine Notice on Ship Facilities Standards in order to comply fully with the Convention.

Regulation 3.1 and Standard A3.1, paragraph 9. Sleeping rooms. With regard to the Convention’s requirements for sleeping rooms, as provided in Standard A3.1, paragraph 9, the Committee notes the content of sections 23 (Permitted number of persons in crew sleeping rooms) and 24 (Facilities for crew accommodation, etc.) of the Marine Notice on Ship Facilities Standards, as well as table 6 of the Enforcement Ordinance of the Ship Safety Act, to which the Government refers. Based on the information provided under paragraph 3 of the abovementioned table 6, there seems to be a general exemption for ships of less than 200 GT engaged in coastal areas and ships engaged beyond great coastal areas. The Committee considers that those provisions are not in conformity with Standard A3.1, paragraphs 20 and 21, which provide for very limited possibilities of exemptions. The Committee requests the Government to indicate how it implements those provisions of the Convention. It also requests 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.

Regulation 3.1 and Standard A3.1, paragraph 10. Mess rooms. The Committee notes that, while section 29 of the Marine Notice on Ship Facilities Standards reproduces the minimum requirements under Standard A3.1, paragraph 10, as well as Guideline B3.1.6 (on mess rooms), it applies to “all ships of 500 GT and above” only, and provides that exemptions may be made for passenger ships on short voyages and for any ships for which the Minister considers there is no impediment to do so. Furthermore, section 29(1)(1)(c), which concerns “sufficient refrigerator capacity and hot/cold drinking water system”, provides that “exemptions shall be made for ships other than ships of 1,000 GT and above engaged on international voyages”. The Committee recalls that under Standard A3.1, paragraph 10, exemptions are allowed only with regard to the location of mess rooms (not their arrangement and content) and only for ships of less than 3,000 GT. In addition, these exemptions can only be adopted after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate how it respects the criteria allowing exemptions to the provisions of Standard A3.1, paragraph 10.

Regulation 3.1 and Standard A3.1, paragraph 11. Sanitary facilities. The Committee notes that, while section 32(1) of the Marine Notice on Ship Facilities Standards reproduces the requirements of Standard A3.1, paragraph 11(c), regarding the number of bathrooms and washbasins per person on board, it only applies to “ships of 500 gross tons and over engaged in or beyond coastal waters” whereas the Convention does not allow any exemptions to be made to Standard A3.1, paragraph 11(c). The Committee requests 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 GT. The Committee further notes that section 31 of the abovementioned Marine Notice departs from the requirement concerning the number of facilities on board ship. The Committee recalls that Standard A3.1, paragraph 11(e), allows exemptions for passenger ships engaged on voyages of not more than four hours’ duration. Such a limit is not specified under section 31 of the Marine Notice and the ratio between the number of facilities and the number of persons on board is very low (from one sanitary facility for every 50 persons to one sanitary facility for every 80 persons on board) compared to the general requirement of paragraph 11(c) (one sanitary facility for every six persons or less). The Committee requests the Government to indicate how it implements Standard A3.1, paragraphs 11(c) and (e). The Committee further notes that section 32(1) of the Marine Notice provides that “In case of a tug boat, sailing vessel, public vessel with not less than 4 hours of navigation, and others which have relatively many crew members compared to the size of the vessel, this regulation [which concerns bathrooms and washbasins requirements] can be alleviated.” Noting the general nature of this exemption, the Committee requests the Government to provide additional information on the extent of this exemption and how it is implemented in practice.

Regulation 3.1 and Standard A3.1, paragraphs 7, 9 and 11. Consultations on exceptions regarding ventilation and heating, sleeping rooms and sanitary facilities. The Committee notes the exemptions adopted in Marine Notice on Ship Facilities Standards concerning: (a) air conditioning of a seafarer’s accommodation, separate radio rooms and centralized machinery control rooms (section 45); (b) sleeping rooms (paragraph 4 of table 6 regarding double berths per cabin, and paragraph 1 of the remarks under paragraph 4-2 regarding adjoining sitting room or day room in addition to the sleeping room of the master and officers at the management level); and (c) sanitary facilities (section 32(1) regarding washbasins in each sleeping rooms and 32(3) regarding sanitary facilities near the navigating bridge, machinery space or engine room control centre). The Committee notes that the Government has not provided information on consultation and recalls that these exemptions can be adopted only after consultation with the shipowners’ and seafarers’ organizations concerned as provided under Standard A3.1, paragraphs 11(b) and 20(a) and (b). The Committee requests the Government to indicate if consultations with the shipowners’ and seafarers’ organizations concerned were held by the competent authority prior to authorizing exemptions regarding: (a) air conditioning of a seafarer’s accommodation, separate radio rooms and centralized machinery control rooms; (b) sleeping rooms; and (c) sanitary facilities.

Regulation 3.1 and Standard A3.1, paragraph 12. Hospital accommodation. The Committee notes that section 30 of the Marine Notice on Ship Facilities Standards implements Standard A3.1, paragraph 12. This section provides, however, that “there may be exemptions for ships which are sailing boats, state owned ships or other ships where the Minister of Oceans and Fisheries considers it no impediment taking account of the ship’s structure and navigational condition”. The Committee recalls that Standard A3.1, paragraph 21, provides that “any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard”, which is not the case for the requirements concerning hospital accommodation under paragraph 12 of the Standard. The Committee requests the Government to amend section 30 of the Marine Notice on Ship Facilities Standards in order to bring it into conformity with the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Qualifications of catering staff. The Committee notes the Government’s reference to section 76(2) of the Seafarers’ Act and Regulation 22-2 of the Enforcement Decree of the Seafarers’ Act. It notes that, while these provisions cover the requirements of Standard A3.2, paragraphs 2(c), 3 and 4, section 76(2) of the Seafarers’ Act provides that “a ship prescribed by the Presidential Decree may be exempted herefrom, or a shipowner may have a person who has knowledge of and experience in cooking and providing meals on a ship work onboard in lieu of a ships’ cook”. Noting that the only exceptions allowed by the Convention concern ships with a prescribed manning of less than ten which may not be required by the competent authority to carry a fully qualified cook are circumstances of exceptional necessity (respectively Standard A3.2, paragraphs 5 and 6), the Committee requests the Government to indicate whether exemptions referred to under the Presidential Decree are limited to these cases.

Regulation 4.1 and Standard A4.1. Medical care on board ship and ashore. The Committee notes the Government’s reference to Article 3 of the Occupational Safety and Health Act, applicable to seafarers, section 52 of the National Health Insurance Act and sections 78, 79, 82, and 84 to 86 of the Seafarers’ Act. The Committee notes that section 84 of the Seafarers’ Act reproduces the requirements of Standard A4.1, paragraph 4(b), but provides that “this shall not apply where the shipowner has obtained approval from the competent maritime affairs and port authorities, as prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries”. Section 85 reproduces the requirement under the first part of Standard A4.1, paragraph 4(c) (relating to a seafarer on board in charge of medical care) but provides that “this shall not apply to cases prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” (in addition, it is limited to ships the gross tonnage of which is more than 5,000 tons and the navigation area of which is an ocean area assigned pursuant to section 8(3) of the Ship Safety Act). The Committee further notes that the requirement concerning qualifications is also subject to exemption “where a shipowner obtains approval therefor from the competent maritime affairs and port authorities owing to extenuating circumstances”. Noting that no exceptions are allowed under the Convention, the Committee requests the Government to indicate how it implements the requirements of the Convention.

Regulation 4.2 and Standard A4.2.1. Period of shipowners’ liability. The Committee notes that sections 94 and 96 of the Seafarers’ Act relating, respectively, to medical treatment compensation and injury and disease compensation, provide that shipowners shall reimburse expenses incurred and continue to pay 70 per cent of the wages but limit this obligation to a period of three months maximum. The Committee recalls that Standard A4.2.1, paragraphs 2 and 4, allow national laws or regulations to limit the liability of the shipowner in such cases but specify that the period of shipowners’ liability should “not be less than 16 weeks from the day of the injury or the commencement of the sickness”. The Committee requests the Government to amend sections 94 and 96 of the Seafarers’ Act in order to ensure that the period of shipowners’ liability, in respect of a seafarer no longer on board, 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 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Ship’s safety committee. The Committee notes that section 4(1) of the Rules on the safety and health for seafarers, to which the Government refers, provides that “a master may be in charge of safety in case of a ship the number of which is less than 10 persons”. The Committee recalls that Standard A4.3, paragraph 2(d), requires a safety committee – including a seafarers’ representative – to be established on all ships with five or more seafarers. The Committee requests the Government to indicate if safety committees must be established on all ships with five or more seafarers and, if that is not the case, to amend its laws and regulations in order to ensure full conformity with the requirements of Standard A4.3, paragraph 2(d).

Regulation 4.3 and Standard A4.3, paragraph 8. Risk evaluations for occupational safety and health on board ship. The Committee notes that section 79 of the Seafarers’ Act, to which the Government makes reference in relation to those provisions of the Convention, relates to the “standards for safety and hygiene on ships” which have to be developed by the authorities under the Minister of Oceans and Fisheries, not to the obligations of shipowners. Furthermore, section 82 of the Act entitled “Responsibility of shipowners” does not mention the requirement to conduct risk evaluations for occupational safety and health on board ship. The Committee requests the Government to indicate how it implements the obligation to require the shipowners to conduct risk evaluation for occupational safety and health on board ship as provided for under Standard A4.3, paragraph 8.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security for resident seafarers. The Committee notes that while the Government indicates that complementary social security protection is provided to seafarers ordinarily resident in the country, section 5 (Eligible persons, etc.) of the National Health Insurance Act limits its coverage to Korean nationals who reside within the Republic of Korea. The Committee recalls that Standard A4.5, paragraph 3, requires that each member take steps, according to its national circumstances, to provide complementary social security protection to all seafarers ordinarily resident in its territory. The Committee requests the Government to indicate how it ensures the implementation of this provision for all seafarers ordinarily resident in the Republic of Korea, regardless of their nationality.

Regulation 4.5 and Standard A4.5. Social security for non-resident seafarers. The Committee notes that the Government has provided no information on the issue of social security for non-resident seafarers working on ships flying the Korean flag who do not have adequate social security coverage. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the relevant branches of social security. The Committee requests the Government to specify the measures taken or foreseen in order to implement this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Intervals of inspection. The Committee notes the Government’s statement that all ships and relevant companies covered by the Seafarers’ Act are inspected every three years to ascertain whether the working and living standards of seafarers meet the standards prescribed by the Act. It also notes its reference to section 123 (Inspection on labour standards, etc. of seafarers) of the Seafarers’ Act. The Committee notes, however, that section 123(1) provides that the Minister of Oceans and Fisheries “may exempt a ship that keeps a Maritime Labour Certificate, etc. … from inspection”. Recalling that Standard A5.1.4 does not provide for any exceptions, the Committee requests the Government to explain how it implements this provision of the Convention and, in particular, how section 123(1) of the Seafarers’ Act is applied in practice.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5 and 7. Documentation available on procedures for making a complaint and guidelines issued to inspectors. The Committee notes the Government’s indication that the Ministry (Busan Regional Office of Oceans and Fisheries): (a) established the documentation for making or handling on-board complaints and provided it to seafarers and shipowners; and (b) developed a Guide to implementation of the Maritime Labour Convention and provided it to inspectors. It notes that this documentation and Guide are not available in English. The Committee requests the Government to provide an indication of the content of the documentation for making or handling on-board complaints and of the Guide to implementation of the Maritime Labour Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 6. Status and conditions of service of inspectors. The Committee notes the information provided by the Government and its reference to section 128(2) and (3) of the Seafarers’ Act (on duty of confidentiality). The Committee requests the Government to provide additional information on the status and conditions of service of inspectors so as to ensure that they are independent of changes of government and of improper external influences. The Committee also requests the Government to provide a standard document issued to or signed by inspectors setting out their functions and powers, together with a summary in English.

Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Confidentiality of sources of grievances or complaints. The Committee notes the procedures for receiving and investigating complaints as provided for under section 129(1)–(4) (Reporting to supervisory agencies), of the Seafarers’ Act; Regulation 49-2 (Posting procedures for the handling of complaints on board) of the Enforcement Decree and section 57-4 (Handling procedures for filed complaints) of the Enforcement Ordinance as well as table 5-4 relating thereto, to which the Government refers. The Committee notes that, while the procedure to investigate complaints is in line with the Convention, there is no indication of the measures taken to ensure the confidentiality of the source of complaints. The Committee requests the Government to provide information on the measures taken to ensure that the source of grievances or complaints is kept confidential as required by Standard A5.1.4, paragraph 10.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Reporting on inspections. The Committee notes that the provision to which the Government refers in relation to Standard A5.1.4, that is section 7 of the Rules on seafarers’ labour inspectors’ jobs, provides that inspectors must submit a report of each inspection to the competent authority and that a copy is furnished to the master. The Committee recalls, however, that Standard A5.1.4, paragraph 12, requires that a copy of the report be posted on the ship’s notice board. The Committee requests the Government to specify how it is ensured that a copy of the inspection report is posted on the ship’s notice board as required by the Convention.

[The Government is asked to reply in full to the present comments in 2019.] -- Following the modifications to the reporting cycle adopted by Governing Body, the CEACR decided to postpone this request to 2020.