영미법상의 해사사건처리제도에 관한 입법정책적 고찰

In the United States and the UK, the maritime law may be the aggregate of laws governing seamen's injuries, illegal activities and contracts that occur during the course of maritime and other maritime activities. The United Kingdom has continued its international reputation in resolving maritime disputes to date, and behind it lies its traditions and expertise in the field of maritime law. Under the British court system, the maritime case is being handled by the Queen's Bench Division's Admiralty Court of the High Court, which has gained international trust. The United States inherited the tradition of common law of UK, but without introducing the Admiralty court system of UK, it has developed its own maritime law by expanding the admiralty jurisdiction through precedents. In particular, it recognized the national importance of the maritime and shipping industries and attributed the admiralty jurisdiction to the federal court. Neither the UK nor the US have an independent admiralty court, but it can be said that it has established and operated its own maritime case handling system. In Korea, a number of bills on the establishment of a maritime specialized court have been raised in the 21st National Assembly. In this regard, some legislative and policy implications are summarized as follow. First, it is necessary to consider the expertise, internationality and future development of maritime case handling system, although it is not just an obsession with the number of annual maritime cases. Second, it is necessary to establish the unique scope of Korean legislation in relation to the scope of maritime cases. Third, considering the vision of the logistics center in Northeast Asia and marine finance center, I think it would be desirable for the maritime specialized court to be located in line with this national vision.