Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
After consultations with the social partners, a consensus was reached so that the Ministry of Oceans and Fisheries was able to decide that those categories of persons set out under Article 2 of the Seafarers' Act were not regarded as seafarers. Regulation 2 of the Presidential Decree of the Seafarers' Act provides as follows:
Regulation 2 (Person not regarded as a seafarer) Persons set out by the Presidential decree under the proviso of Article 2 (1) of the of the Seafarers' Act (hereinafter referred to as "the Act") shall be any one of the following sub-paragraphs:
1. ship inspectors under the Article 77 (1) of the Ship Safety Act;
2. technician and workers temporarily joining a ship for the purpose of repairing the ship;
3. harbour pilots under the Article 2 (2) of the Pilotage Act;
4. workers employed for the purpose of running a harbour transport business under the Article 2 (2) of the Harbor Transport Business Act or a harbor transport-related business paragraph (4) of the same article;
5. persons joining a ship for taking on-board training for the purpose of becoming a seafarer;
6. celebrity joining a ship temporarily for doing his/her public performance; and
7. any persons announced by the Minister of Oceans and Fisheries as he/she is regarded as a comparable person to one of paragraphs (1) to (6) above after consultation with the representatives of shipowners' and Seafarers' organizations.
It was also determined that a cadet is not regarded as a
seafarer of the Convention and related Acts of the Republic of Korea.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
None
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
None
