선박의입항및출항등에관한법률상 해양사고 발생시 조치의무의 몇 가지 문제점

This Act regulates a consistent duty of measures in the case of marine accidents in the trade ports, but has several problems. First, an application area of the Act on the Entry and Departure of Ships is a water area, etc of trade ports or on the proximity of water areas of trade ports. However, a water area of trade ports is regulated abstractly and an application scope of the Act on the Entry and Departure of Ships is not clear so that it shall be definitely regulated on whether the Marine Safety Act is applied or the Act on the Entry and Departure of Ships is applied in the case of marine accidents. Second, the Act stipulates the duty of measures such as notice installation, etc in the case of marine accidents. However, an obligator for this duty of measures is limited on the captain, but it is considered to extend crews as well as a captain in oder to match up the purpose of legislation of this Act for the safety and maintenance of order of ship operation, and prevention of marine accidents. Third, the scope of necessary measures shall be established under the purpose of legislation of this Act because it regulates the necessary measure such as notice installation, etc in the case of marine accidents, but 'the necessary measure' is so much abstract so that it is doubtable to be interpreted arbitrarily. Four, if a consistent measure in the case of marine accidents in trade ports is not taken, a danger of marine transportation and maintenance of order is difficult and a great disaster happens. Thus, it is necessary to establish a criminal penalty if a consistent measure in the case of marine accidents is not taken. Five, it shall be enforceable to notify the fact of accidents certainly in the case of marine accidents in trade ports because it is undeniable to need the organizational measure of a related authority in oder to recover an order of marine transportation due to marine accidents.