해양환경관리법상 선박출입검사에 관한 고찰

With increasing serious environmental issues on earth such as global warming and weather anomalies, countermeasures for climate change and environment protection for all human beings have become important and urgent matters. Specifically, the Ocean comprises more than 70% of all global area. Therefore protection of the marine environment and pollution prevention have become both a common interest for all humanity and a duty to preserve the sea for sustainable development. Increased shipping cargoes and operational vessels throughout the world also make vessel derived pollutant materials increase. Periodic severe marine pollution caused this way is commonly known for its severity while recognizing the preservation of marine environment as paramount. Thus, the international community has recognized severity of marine pollution in their jurisdictional waters as well as outside of jurisdictional waters and established an international cooperation framework by means of an international convention, the so called “MARPOL73/78”. Korea has established law through the national marine environment management act that reflects MARPOL73/78 and implements marine pollution prevention actions such as onboard inspection, Port State Control (herein after, PSC) and special judicial police in the marine environmental field. On the ground of marine environment management act, public officers who belong to MLTM (Ministry of Land, Transport and Maritime affairs), KCG(Korean Coast Guard) and local government are designated marine environment inspectors and special judicial police. The present onboard inspection system has several features and matters that must be improved particularly the PSC and special judicial police in respect to legal grounds, enforcement objectives and actual effects. Especially, marine environment legislation should be improved to more precisely complement the operational system for the long term.