Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Republic of Korea (Ratification: 2007)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second and third reports on the application of the Convention. It also notes the observations of the Federation of Korean Trade Unions (FKTU) received by the Office on 31 August 2018. The Committee further notes that the 2016 amendments to the annexes of the Convention entered into force for the Republic of Korea on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

The Committee notes that, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1. Scope of application. Concerning the definition of seafarers, the Committee draws the Government’s attention to the comments made in the framework of the examination of the application, by the Republic of Korea, of Article II(f) of the MLC, 2006. In this regard, the Committee 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 Convention No. 185.

Articles 3–5. Requirements of the 2016 amendments. In its previous comments, the Committee noted that the Government had amended its legislation to ensure conformity with the previous version of the Convention, thereby introducing SIDs containing machine-readable biometric data (fingerprint). A biometric recognition system had been developed in 2005 to enable a record of each SID issued, suspended or withdrawn to be stored in an electronic database. The Government indicated however, that, in practice, no SIDs had been issued and no steps had been taken to set up the relevant database, due to an apparent lack of any practical need. It further stated that no independent evaluation of the system for issuing SIDs had been carried out and that it did not intend to apply for its entry into the list of Members meeting the minimum requirements of Article 5(1). The Government also indicated that existing seafarers’ pocketbooks were sufficient for the purposes of verifying the seafarer’s identity and, therefore, there was little reason for a new SID issuance system in the absence of a generalized practice among member States. The Committee requested the Government to transmit copies of the relevant legislation as well as to supply a specimen of the SID issued in conformity with the Convention. The Committee notes the Government’s indication that no additional legislative or other measures have been enacted or revised. It also notes that the Government has not supplied a specimen of an SID, but a copy. Noting that no steps have been taken to issue new SIDs in accordance with the amended text of the Convention, the Committee strongly encourages the Government to take all the necessary measures to ensure conformity with Articles 3–5 of the Convention and with the requirements of Annexes I–III, as amended in 2016. It requests the Government to provide relevant information in this regard and to transmit copy of legislation giving effect to the amended version of the Convention.

Article 6. Facilitation of shore leave and transit, and transfer of seafarers. The Committee notes the FKTU observation that the Korean Government’s current practice of restricting the entry and arrival of seafarers carrying valid identity documents for the purposes of protecting national security and fending off unregistered aliens runs contrary to Article 6 of the Convention. The FKTU adds that, in particular, the “Joint Directive on the authorization of port entry by ships whose foreign seafarers have disembarked without permission”, adopted on 9 November 2016 by various ministries, the National Intelligence Service, the National Police Agency, the Korea Customs Agency and the Korea Coast Guard, bans the entry into Korean ports of ships whose seafarers have either landed or disembarked their ships in Korea without permission. The Ministry of Oceans and Fisheries (MOF) designates the ships barred from Korean ports upon reports from the Immigration Office. The FKTU also indicates that the Korean Government prohibits foreign seafarers from disembarking from ships that are detained at Korean ports due to financial and other reasons. In this regard, it refers to the case of detention of a foreign ship in the Namhang Port in Busan in August 2017, where ten foreign seafarers were forced to stay on board in dire conditions, as the Korean Immigration Office refused to issue temporary shore leave alleging the possibility of their illegal stay in Korea. The Committee requests the Government to provide its comments in this respect.

Article 7. Continuous possession. The Committee notes the FKTU’s observation that, notwithstanding the provisions of the Seafarers’ Act requiring seafarers to keep their SIDs in their possession at all times (section 48(5)) and the 2013 “Measures to improve the working conditions of foreign seafarers working on board offshore fishing vessels” (requiring the written consent of seafarers for keeping their SIDs), private shipowners still seize and keep the SIDs of foreign seafarers as long as the latter are required to give their consent on blank paper or on forms in Korean only. The Committee requests the Government to provide its comments in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2–7 of the Convention. Seafarers’ identity documents. The Committee notes the information contained in the Government’s first report on the application of the Convention, in particular the revision of the Seafarers Act of 2005 and the consequential amendment of the Enforcement Decree and Regulations to introduce the seafarers’ identity documents (SID) system. According to the Government’s report, SIDs contain machine-readable biometric data (fingerprint) thus conforming to the requirements of Article 3 and Annex I of the Convention. The Government further indicates that a biometric recognition system was developed in 2005 to enable a record of each SID issued, suspended or withdrawn to be stored in an electronic database. SIDs are issued within one week from the date on which an application is made and have a validity of ten years.

The Committee notes, however, the Government’s statement that, although the national legislation was amended to reflect the provisions of the Convention, in practice no SIDs have been issued and no steps have been taken to set up the relevant database due to an apparent lack of any practical need. The Government also states that no evaluation of the administration of the system has been carried out and that it does not intend to apply for its entry on the list of Members which fully meet the minimum requirements of Article 5(1) of the Convention. The Government further indicates that the existing seafarers’ pocketbooks are sufficient for the purposes of verifying the seafarer’s identity and, therefore, there is little reason for a new SID issuance system in the absence of a generalized practice among member States.

While noting the Government’s explanations, the Committee requests the Government to transmit copies of the amended texts of the Seafarers Act and its Enforcement Decree and Regulations, the Immigration Control Act and its Enforcement Decree and Regulations, and the Guidelines for Management of Seafarers’ Affairs. It also requests the Government to indicate any further developments which might affect the practical implementation of the Convention. Finally, the Committee would appreciate receiving a specimen (not a photocopy) seafarer’s identity document issued in accordance with the procedures and standards set out in the Convention.