Seafarers Act § 105. Time limit to report to prepare employment rules under the Seafarers Act

In light of the purpose of legislation of the Seafarers' Act and the matters to be stipulated in the rules of employment, the obligation to report the preparation of the rules of employment under Article 105 of the Seafarers' Act shall be prepared and reported without delay from the time when 10 or more seafarers are employed at all times, and a report made after the lapse of one year from the time when the obligation to report the rules of employment

Defendant

Attorney Kim Jong-chan

Busan District Court Decision 75No1287 delivered on December 17, 1975

The appeal is dismissed.

The grounds of appeal by defense counsel are examined.

According to Article 105(1) of the Seafarers Act, the shipowner who employs not less than 10 seafarers on a regular basis shall prepare the rules of employment as to the following matters and report them to the Maritime Authority, as prescribed by the Presidential Decree. The same shall apply to revisions thereto. However, the Act or its Enforcement Decree provides, “this Act shall aim at maintaining order in the ship by establishing duties and regulations of seafarers, and at enhancing the basic livelihood of seafarers by establishing the working conditions of seafarers,” and the rules of employment to be prepared and reported pursuant to Article 105 of the same Act concerning wages and other working conditions of seafarers on the 1.5th day of the working hours, including holidays and vacations, and other working conditions of seafarers. In light of the purpose of the Seafarers Act and the rules of employment, the obligation to report the rules of employment pursuant to Article 105 of the Seafarers Act shall be established and reported to the Maritime Affairs and Fisheries on the 15th day after the date of the report to the 10th day of the above 196th day after the date of the report to the 14th day of the Defendant’s regular employment.

Therefore, there is no reason to argue that the above report by the defendant is a legitimate report, and there is no misapprehension of the legal principles as to the obligation to report employment rules under the Seafarers' Act.

In addition, there is no illegality of mistake of facts.

All arguments are without merit, and they are so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)