부산대학교 도서관

The article surveys the antitrust law, the Social Security Act and labor laws in the U.S. regarding the employment status of fishermen. The International Labor Conference adopted, on June 27, 1946, a resolution requesting the International Labor Office, "in consultation with the interests concerned," to draw up an international labor- law agreement concerning fishermen, in analogy to the already existing International Seafarers' Charter. Pursuant to this resolution, both a questionnaire and a proposed International Fishermen's Charter were sent to the various governments, including that of the United States. Based upon the peculiar nature of the manner in which the fishermen are remunerated for their labor, attacks were launched even prior to the Taft-Hartley Act against the assumption of an employment relation in the fishing industry; and it has been contended that fishermen are, in fact and in law, something like servants of the boat owners. An analysis of the problem makes a brief survey of the fishermen's working arrangements necessary. Section 209 (b) (14) of the Social Security Act, as amended, expressly excepts services performed by an individual in the catching or taking of any kind of fish, unless the service is in connection with the catching or taking of salmon or halibut for commercial purposes or the service is performed on or in connection with a vessel of more then ten net tons.