제18425호                               관              보                 2015. 1. 8.(목요일)
to be significant, or if they relate to a complaint made in accordance with paragraph 3 of this
Standard, the authorized officer shall bring the deficiencies to the attention of the appropriate
seafarers’ and shipowners’ organizations in the Member in which the inspection is carried out,
and may:
        (a) notify a representative of the flag State;
        (b) provide the competent authorities of the next port of call with the relevant
        information.
5. The Member in which the inspection is carried out shall have the right to transmit a
copy of the officer’s report, which must be accompanied by any reply received from the
competent authorities of the flag State within the prescribed deadline, to the Director-General of
the International Labour Office with a view to such action as may be considered appropriate and
expedient in order to ensure that a record is kept of such information and that it is brought to
the attention of parties which might be interested in availing themselves of relevant recourse
procedures.
6       Where, following a more detailed inspection by an authorized officer, the ship is found not
to conform to the requirements of this Convention and:
        (a) the conditions on board are clearly hazardous to the safety, health or security of
        seafarers; or
        (b) the non-conformity constitutes a serious or repeated breach of the requirements of
        this Convention (including seafarers’ rights);
the authorized officer shall take steps to ensure that the ship shall not proceed to sea until any
non-conformities that fall within the scope of subparagraph (a) or (b) of this paragraph have
been rectified, or until the authorized officer has accepted a plan of action to rectify such
non-conformities and is satisfied that the plan will be implemented in an expeditious manner. If
the ship is prevented from sailing, the authorized officer shall forthwith notify the flag State
accordingly and invite a representative of the flag State to be present, if possible, requesting the
flag State to reply within a prescribed deadline. The authorized officer shall also inform forthwith
the appropriate shipowners’ and seafarers’ organizations in the port State in which the inspection
was carried out.
7. Each Member shall ensure that its authorized officers are given guidance, of the kind
indicated in Part B of the Code, as to the kinds of circumstances justifying detention of a ship
under paragraph 6 of this Standard.
8. When implementing their responsibilities under this Standard, each Member shall make all
possible efforts to avoid a ship being unduly detained or delayed. If a ship is found to be unduly
detained or delayed, compensation shall be paid for any loss or damage suffered. The burden of
proof in each case shall be on the complainant.
                              Guideline B5.2.1 – Inspections in port
1. The competent authority should develop an inspection policy for authorized officers
carrying out inspections under Regulation 5.2.1. The objective of the policy should be to ensure
consistency and to otherwise guide inspection and enforcement activities related to the
requirements of this Convention (including seafarers’ rights). Copies of this policy should be
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