• Title/Summary/Keyword: Foreign seamen

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A Study on the amendment of regulation of Korean Seamen's Act to exempt the seafarers who have completed advanced safety refresher training from basic safety refresher training (선원법상 상급안전 재교육 이수자의 기초안전 재교육 면제 규정의 개정에 관한 연구)

  • HAN, Se-Hyun;CHO, Jang-Won;LEE, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.4
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    • pp.925-935
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    • 2016
  • It is provided that seafarers qualified in accordance with STCW(International Convention on Standards of Training Certification and Watch-keeping for Seafarers) convention and code in safety training shall be required, every five years, to provide evidence of having maintained the required standard of competence, to undertake the tasks, duties and responsibilities listed in Chapter VI, section A-VI/1 of the STCW Code A. Every party to the STCW Convention has amended the relevant national regulations according to the above international convention and code. These amended Seaman's Act require the updating safety training which is only five years valid for existing seafarers serving onboard ship on international voyage. And above specified existing seafarers must, as of the 1st January 2017, have documentary evidence of either having completed the training course or updated their training within the last 5 years. In relation to the above international trend, the Korean Ministry of Oceans and Fisheries also has completed an amendment to its Seaman's Act. But, the Korean Seaman's Act has a supplementary provision to exempt the seafarers who have completed STCW advanced safety training from basic safety training. The purpose of this study is to define the problems of above mentioned exemption provisions and to make better policies for improvement. In order to complete the purpose, the research team has conducted an in-depth survey of various foreign cases on STCW safety training. Moreover, the team has suggested an improvement scheme in consonance with Korean shipping industry and society through out this report.

A Study on the Status and Improvement of Maritime Training Program for Preventing Marine Accidents (해양사고 예방을 위한 해기교육 프로그램 현황 및 개선방안 연구)

  • Lee, Yun-Sok;Park, Jun-Mo;Lee, Bo-Kyeong
    • Journal of Navigation and Port Research
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    • v.37 no.2
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    • pp.123-128
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    • 2013
  • In spite of advanced navigational devices and reinforced mandatory standards of officers' education, the number of ship's accidents are increasing. The accidents caused by minor license officers are more than the number of accidents caused by superior license officers. There are many cases of collisions in the past 5 years released on Marine Accidents Inquiry Agency. Especially, officer's negligence from the consequences of the neglect of any precaution which may be required by the ordinary practice of seamen is the main reason behind ship's collisions. For reducing ship's accidents caused by human error, this paper suggests to develop effective training program using analysis date of domestic and foreign education system as a reference.

Policy Suggestions to Retain Skilled Migrant Fishermen in Korea : Focus on Offshore Fishing (숙련 외국인 어선원 확보를 위한 제도 개선 방안 : 연근해 어업을 중심으로)

  • Chaemin Hyun;Seori Choi
    • The Journal of Fisheries Business Administration
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    • v.54 no.1
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    • pp.1-22
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    • 2023
  • With the restriction of foreigners' entry into Korea due to the COVID-19 pandemic, the fishery industry faced significant challenges in supplying migrant workers. In response to this, there is growing interest in methods that could facilitate the stable employment of migrant workers. This paper investigates whether the current system used for the employment of migrant workers in the fishery industry, which is highly dependent on them, adequately performs its function of providing a stable and skilled workforce amid the intensified labor shortage resulting from decreasing numbers of households with employment in the fishery and the aging Korean fishermen. To this end, past studies and government documents pertaining to the current system were analyzed, and a survey targeting the owners of offshore fishing boats that employ migrant workers was conducted. A total of 147 owners of fishing boats responded to the survey, and the data of 499 migrant workers employed by them were used for the analysis. The analysis indicated that the migrant fishermen had difficulty in acquiring minimum scores for the change of visa status according to the criteria for the Skilled Worker Points System. Furthermore, distinct differences were found between the characteristics and working conditions of migrant workers employed through the Employment Permit System (EPS) and the Foreign Seamen System. Based on this result, this paper suggests the reorganization of the skilled migrant worker system in the fishery industry and the expansion of the regional specialized visa pilot project.

Establishment and future prospects of new international fisheries regime in Northeast Asian region (동북아지역 국제어업협력체제의 구축과 운영방향)

  • 최정윤;최종화
    • The Journal of Fisheries Business Administration
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    • v.30 no.2
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    • pp.1-23
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    • 1999
  • In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

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