2022년 중요 해상판례 소개

Eight major maritime cases rendered in Korea in 2022 were selected and reviewed, and the summary is as follows: (1) Seoul Central District Court Decision 2021Gadan5174339 rendered on March 28, 2022, the court held that the State is liable for damages to the bereaved family of the victim who was involved in a collision accident between the bridge and a fishing boat, on the ground that a public official violated the duty of care to prevent a vessel passing under the bridge from colliding with a bridge by illuminating a light on the bridge. (2) In Supreme Court Decision 2020Da262229 rendered on April 28, 2022, the Supreme Court held that the portion corresponding to remuneration for work provided by a retired seafarer before the policy period of the Wage Claim Guarantee Insurance, etc. is also guaranteed by such insurance, etc., and “severance pay under Article 55” under Article 56(2)2 of the former Seafarers Act means “severance pay under Article 55(1) or (5) of the Seafarers Act.” (3) In Supreme Court Decision 2017Da247848 rendered on June 9, 2022, the Supreme Court ruled that, in a case where a party who is entitled to claim legal benefits due to the lapse of the limitation period under Article 814(1) of the Commercial Act renounced such benefits after the lapse of the limitation period, such party may be deemed to have renounced the benefits of discharge of rights due to the lapse of the limitation period by analogically applying Article 184(1) of the Civil Act. (4) In Supreme Court Decision 2020Da280685 rendered on December 1, 2022, the Supreme Court ruled that the limitation period of a claim for damages for the storage fee of the cargo and the container demurrage, which arise after the date on which the delivery of the freight should have been made, shall be computed from the time when the claim arises. (5) In Supreme Court Decision 2021Do12218 rendered on May 26, 2022, the Supreme Court held that the crime of occupational negligence resulting in death against the master of a vessel was not established in the accident where a crew member died while the main engine was stopped at an anchorage and the planned supply and demand of fuel and piston replacement of the main engine. (6) In Junghaesim No. 2022-010, Korea Maritime Safety Tribunal applied Article 2 (ordinary practice of seamen) of the International Rules for Prevention of Collision with the Sea to the collision between a navigating ship and a ship that was raising a water sail, and ruled that a ship navigating with a relatively high maneuvering capability and with a relatively high speed should avoid a vessel navigating without speed through the water. (7) In its Decision 2019Hun-Ba494 rendered on March 31, 2022, the Constitutional Court held that Article 14(1) of the Marine Transportation Act does not violate the principle of “nulla poena sine lege”, and the penal provisions of the Marine Transportation Act that punish violations of the above provisions do not infringe freedom of occupation. (8) In its decision 2022Hun-Ga10 rendered on August 31, 2022, the Constitutional Court held that Article 104-2(2) of the Maritime Safety Act, which provides for aggravated punishment for a drunk navigation conducted twice or more, was unconstitutional in violation of the principle of proportionality between liability and punishment.