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http://dx.doi.org/10.7837/kosomes.2022.28.4.567

A Comparative Study on Seafarers' Industrial Accident Compensation System - Focusing on the German Legislation -  

Park, Jun-Mo (Division of Navigation Science, Mokpo National Maritime University)
Park, Sung-Ho (Division of Navigation Convergence Studies, Korea Maritime & Ocean University)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.28, no.4, 2022 , pp. 567-576 More about this Journal
Abstract
Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.
Keywords
Seafarers' Act; Maritime labor law; Workers' compensation insurance; Industrial accident compensation; Comparative study;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
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