conditions should be conducted by the competent labor authorities under
the Labor Inspection Act. However, inspections of labor conditions for
foreign fishers on distant water fishing vessels, who are hired through
overseas recruitment, are carried out by the Fisheries Agency under Article
26 of the Act for Distant Water Fisheries and its associated regulations.
Inspections concerning occupational safety and health on fishing vessels
and labor condition inspections for coastal and inshore fisheries remain
under the jurisdiction of labor authorities or dedicated labor inspection
agencies. Some scholars, however, have raised concerns that the delegation
of inspection authority under Article 26 of the Act for Distant Water
Fisheries may lack clarity, potentially violating the principle of explicit
authorization.
Although fisheries workers are protected under the Occupational
Safety and Health Act, the act's inspection framework was not explicitly
designed for fishing vessels. Agencies responsible for occupational safety
and health inspections are typically familiar with factory environments on
land but may lack expertise in the unique working conditions aboard
fishing vessels. Conversely, while the Fisheries Agency is well-versed in
fishing vessel operations, it cannot perform safety and health inspections.
Moreover, there is no jurisdiction over inspections of foreign-flagged
vessels. These factors highlight the complexity and high degree of
specialization required in labor inspection systems, necessitating ongoing
interagency coordination.
Civil society groups are sometimes invited to participate in
onboard visits or labor condition inspections of foreign fishers on distant
water fishing vessels conducted by the Fisheries Agency. However, their
inability to exercise public authority often relegates them to mere observers,
and they may even be denied boarding. The NHRC recommends that
participation of civil society organizations during inspections be
formalized, enabling these organizations to provide meaningful
contributions rather than remaining passive observers. Additionally, the
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