ISSN : 1229-3431(Print)
ISSN : 2287-3341(Online)
ISSN : 2287-3341(Online)
Journal of the Korean Society of Marine Environment and Safety Vol.30 No.7 pp.851-859
DOI : https://doi.org/10.7837/kosomes.2024.30.7.851
DOI : https://doi.org/10.7837/kosomes.2024.30.7.851
A Study on the Improvement of the Mental Illness Compensation System under Seafarers’ Act
Abstract
This study aims to propose improvements to the workers’ compensation system under the Seafarers’ Act by analyzing the compensation system for employees who have died due to mental illness or self-harm (suicide). Specifically, this study presents recommendations for improving on the Seafarers’ Act through a comparative analysis of compensation systems between the Industrial Accident Compensation Insurance Act and the Seafarers’ Act, focusing on cases involving workers (seafarers) who died due to mental illness or self-harm, along with an examination of relevant legal precedents. According to the Seafarers’ Act, in cases where the Seafarers’ Labor Relations Committee finds that a non-occupational accident was deliberately caused by the affected seafarer, the shipowner may be exempted from accident compensation, including medical care compensation and survivors' compensation. In contrast, the Industrial Accident Compensation Insurance Act recognizes mental illnesses and diseases caused by workplace harassment-induced stress as occupational accidents. Furthermore, even in cases of death resulting from intentional self-harm, it is recognized and compensated as an occupational accident if there is a significant causal relationship between the accident and the work. This reflects a more flexible criteria compared to the Seafarers’ Act for recognizing occupational accidents. Given the unique legislative purpose of the Seafarers’ Act, legislative measures need to be implemented to ensure that seafarers receive compensation on par with those provided to land-based workers. In addition, to ensure the expertise of the Seafarer Labor Relations Committee in determining the intentionality of accidents, certain institutional improvements seem to be necessary. In addition, it is considered that there is need to improve organizational operations to secure the expertise of the Seafarers' Labor Committee in determining whether an occupational accident is intentional.