제18425호                                관              보                   2015. 1. 8.(목요일)
15. When an inspection is conducted or when measures are taken under this Standard, all
reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.
16. Compensation shall be payable in accordance with national laws and regulations for any
loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The
burden of proof in each case shall be on the complainant.
17. Adequate penalties and other corrective measures for breaches of the requirements of this
Convention (including seafarers’ rights) and for obstructing inspectors in the performance of their
duties shall be provided for and effectively enforced by each Member.
                          Guideline B5.1.4 - Inspection and enforcement
1. The competent authority and any other service or authority wholly or partly concerned
with the inspection of seafarers’ working and living conditions should have the resources
necessary to fulfil their functions. In particular:
        (a) each Member should take the necessary measures so that duly qualified technical
        experts and specialists may be called upon, as needed, to assist in the work of inspectors; and
        (b) inspectors should be provided with conveniently situated premises, equipment and
        means of transport adequate for the efficient performance of their duties.
2. The competent authority should develop a compliance and enforcement policy to ensure
consistency and otherwise guide inspection and enforcement activities related to this Convention.
Copies of this policy should be provided to all inspectors and relevant law-enforcement officials
and should be made available to the public and shipowners and seafarers.
3. The competent authority should establish simple procedures to enable it to receive
information in confidence concerning possible breaches of the requirements of this Convention
(including seafarers’ rights) presented by seafarers directly or by representatives of the seafarers,
and permit inspectors to investigate such matters promptly, including:
        (a) enabling masters, seafarers or representatives of the seafarers to request an
        inspection when they consider it necessary; and
        (b) supplying technical information and advice to shipowners and seafarers and
        organizations concerned as to the most effective means of complying with the
        requirements of this Convention and of bringing about a continual improvement in
        seafarers’ on-board conditions.
4. Inspectors should be fully trained and sufficient in numbers to secure the efficient
discharge of their duties with due regard to:
        (a) the importance of the duties which the inspectors have to perform, in particular
        the number, nature and size of ships subject to inspection and the number and complexity
        of the legal provisions to be enforced;
        (b) the resources placed at the disposal of the inspectors; and
        © the practical conditions under which inspections must be carried out in order to be
        effective.
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