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어선원 임금채권의 보장을 위한 제도적 개선방안 KCI 등재

A Study on the Institutional Improvement for the Guarantee of Fisher Wage Claims

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水産經營論集 (수산경영론집)
한국수산경영학회 (The Fisheries Business Administration Society Of Korea)
초록

A fisher means any person employed to provide his/her labor in a fishing vessel in exchange for a wage. There is no concept of a fisher in Seafarers Act. This act shall not apply to seafarers who are in service on board a fishing vessel the gross tonnage of which is less than 20 tons. However, of the total 63,112 fishing vessels, only 2,829 fishing vessels have a total tonnage of more than 20 tons. Fishermen engaged in fishing vessels with a gross tonnage of which is less than 20 tons are not guaranteed to be paid arrears through the Wage Claim Guarantee Fund for Seafarer (Article 56). In addition, fishermen working on a fishing vessel are excluded from the Wage claim Guarantee Act. The Labor Standards Act shall apply to fishermen engaged in fishing vessels with a gross tonnage of which is less than 20 tons. Fishermen and seafarers are at a higher risk of living security than regular workers. Guaranteeing the payment of wages is essential for fishermen to improve the life and employment stability. In order to guarantee fisher wage claims, the concept of a fisher in the Seafarers Act must be realized by sources such as the Wage Claim Guarantee Fund of Ministry of Oceans and Fisheries, step by step expansion of members in the wage claim guarantee fund for seafarers and interest for delayed payment of wages, etc.

목차
Abstract
I. 서 론
Ⅱ. 어선원의 개념 및 어선원임금 특례
    1. 어선원의 개념
    2. 어선원임금에 대한 특례
    3. 선원법과 근로기준법, 임금채권보장법과의 관계
Ⅲ. 선원임금채권보장제도
    1. 선원임금채권보장제도
    2. 선원임금채권보장기금
    3. 선원보증보험
    4. 기타 선원임금채권보장 제도
Ⅳ. 국내외 임금채권보장제도
    1. 국내 임금채권보장제도
    2. 주요 외국의 선원임금채권보장제도
Ⅴ. 개선방안
    1. 선원법에 어선원 정의 반영
    2. 사회보장제인 선원임금채권보장기금의 운용을 국가의 책임으로 명시
    3. 선원임금채권보장기금의 가입대상을 20톤 미만의 어선까지 단계별 확대
    4. 어선원 임금체불에 대한 지연이자 확대 도입
    5. 선원임금채권보장기금의 규모화 추진
Ⅵ. 결 론
REFERENCES
저자
  • 임종선(수협중앙회 수산경제연구원) | Jong-Sun Yim (Research Fellow of Fisheries Economic Institute, National Federation of Fisheries Cooperatives) Corresponding author