자율운항선박의 유류오염사고 시 관련 법률의 일고찰 - 제3자 보호 관점에서 -

In June 2020, the Ministry of Trade, Industry and Energy(MOTIE) and the Ministry of Oceans and Fisheries(MOF) started development of maritime autonomous surface ship(MASS) in earnest. Although it is still in the development stage, but if MASS appears, the weight of responsibility for current ship operation will shift from ship owners to the manufacturers(ship builders). This paper says the limitations of applying the current 「Product Liability Act」 to manufacturers of MASS, by comparing the major provisions of 「Compensation for Oil Pollution Damage Guarantee Act」 and 「Product Liability Act」 and examining the applicable jurisdiction and laws under the current legal system, assuming the oil pollution accident caused by MASS. Finally, some improvement directions were presented on how to harmonize and balance the responsibility and rights of the manufacturers of MASS under the current legal system. In addition to the definition of a manufacturer of MASS and MASS, a manufacturer of MASS as a responsible entity on the relevant maritime laws in Korea were added. Plus, new provisions on 'compulsory insurance' and 'relationship to other Acts' on 「Product Liability Act」 were added. It also proposed the enactment of a new international convention to promote legal stability for both perpetrators and victims in consideration of the international nature of the shipping industry.