海上交通管制와 國家賠償責任에 관한 考察

Vessel Traffic Service (hereunder, ‘VTS’) is a term applied to “a collection ofmarine traffic control systems of varying levels of sophistication which aredesigned to impose external supervision and control on vessel movements”, rangingfrom mere monitoring of vessel position to actual positive control of vessel course,speed, and other movement. VTS is designed to improve the safety and efficiencyof vessel traffic and to protect the environment. The principal authority for theVTS is Section 36 of the Maritime Safety Act and Section 28 of the Public Order InOpen Ports Act. As it is commonly recognized, VTS is the most effective device forthe safety of vessels and protection of marine environment within the open portlimit or fairways where there is potential for disaster created by increased trafficof large and cumbersome vessels, giving some powers to instruct or direct vesselswithin VTS area is highly recommended. Upon taking into account that it isreasonable that the master should be held liable to a greater extent for the safetynavigation of his vessel, a master’s opinion on safe navigation of his vessel shouldbe respected and VTS is not relieving the master to control vessel movement. However cooperation and communication between the VTS center and the vessel areessential facts for safety navigation of vessel, since we can not totally rely upon aship’s master who often becomes as a one side of the collision or allision accident. To this sense, it is needed to empower VTS center to instruct and control thevessels’ movement within harbour limit. Meanwhile, considering the objectives ofVTS, improvement of the safety and efficiency of navigation, safety of life at seaand the protection of the marine environment, VTS operators, non-performance oftheir legal duties and/or legal obligations for the safe navigation of vessels maycause the state's liability for the compensation of the victims.