The employment management system for foreign seafarers is expected to be reformed, which has been carried out through labor-management agreements lacking clear legal grounds.

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Kim Hong-Il) has recommended institutional improvements to the Ministry of Oceans and Fisheries (MOF) by implementing “measures for optimizing foreign seafarers' employment management,” to ensure the employment management and the protection of the rights and interests of foreign seafarers in the era of low birth rates and an aging population.

 The marine and fishery industry is currently one of the industries that people tend to avoid, where the number of seafarers is continuously decreasing due to a sharp decline in birth rates and an aging population, leaving it with no choice but to depend on foreign seafarers.

According to the Korea Seafarer's Statistical Yearbook, as of late 2021, the number of seafarers employed in Korea reached 59,843, among which 27,333 were foreign seafarers, accounting for nearly half the total.

However, relevant shipowner groups* and seafarers’ unions in Korea** have to reach an agreement before the government makes decisions regarding the scale of foreign seafarers’ employment within the context of the unclear legal grounds for the overall system for foreign seafarers.

* National Federation of Fisheries Cooperatives, Korea Shipowners’ Association, Korea Shipping Association, Korea Overseas Fisheries Association, etc.

** Federation of Korean Seafarers’ Unions (FKSU)

As a result, there have been possibilities of mutual conflicts in the course of labor-management consultations and employment reporting. In addition, systematic management was difficult to achieve since relevant shipowner groups conducted foreign seafarers' management following their internal regulations exclusively, without clear legal grounds for outsourcing.

Furthermore, some issues have been raised, including welfare funds for seafarers in Korea required because of foreign seafarers, the payment of management costs required by relevant shipowner groups following their internal regulations, and the unclear execution of these respective payments. Additionally, management issues, such as the departure of foreign seafarers without authorization, have also been brought to attention.

 Accordingly, ACRC has recommended establishing legal grounds for the overall matters, such as introducing, employing, and managing foreign seafarers. Additionally, it was recommended to carry out annual fact-finding investigations and utilize the findings in policy decision-making, while jointly making decisions with relevant agencies on major policies, including the scale of foreign seafarers’ employment and the employment standard.

It was recommended to clarify the reasons for outsourcing the management of foreign seafarers and to improve the process of reporting their employment while establishing a principle of “employing seafarers of Korean nationality with priority" before employing foreign seafarers.

ACRC also recommended clearly establishing the grounds for and the usage of the management cost and welfare fund, and publicly sharing the details of its execution with foreign seafarers and shipowner.

Moreover, the Commission recommended carrying out regular investigations and joint inspections with relevant agencies to prevent the departure of foreign seafarers without authorization and implementing welfare measures, such as establishing grounds for imposing sanctions in cases where the rights and interests of foreign seafarers are infringed.

In accordance with the recommendations from ACRC, the MOF will overhaul systems by December 2025 by implementing effective measures in consultation with relevant agencies and organizations.

 ACRC Vice Chairperson Kim Tae-Gyu said, “We have implemented measures to address the labor force supply and demand of foreign seafarers and to protect the rights and interests in order to ensure the continuous development of the marine and fishery industry during the economic crisis. We will remain committed to discovering and improving conventional and unreasonable systems.”