선박고장에 의한 사고와 자연인의 형사책임 - 달리(Dali)호의 볼티모어 교량 붕괴사건과 관련하여 -

Since it is very difficult to immediately cope with ship accidents or prevent the occurrence of consequences due to the special environment of the sea, it is difficult to avoid large-scale damage such as fatal consequences and environmental pollution once an accident occurs. On the other hand, it takes a very long time to discover the cause of the accident, and the cause is complex, so it is difficult to judge the attribution of responsibility. In the case of Dali, the power was stopped due to a ship failure, leaving the straight route and gradually slowing down, and when power was resupplied, the collision was inevitable because it was too close to the bridge. Taking the bridge collision of Dali as an example, will be looked at accidents caused by ship failures and criminal responsibilities of natural persons. First of all, in the event of an accident due to a ship failure, the criminal responsibility shall be divided into ship owners, captains, and pilots, including ship managers who appoint and supervise the crew of the ship, and determine the duty of care. In an accident caused by a ship failure, the requirements for the establishment of a crime of negligence shall be judged. Therefore, as a requirement for the establishment of a professional negligence criminal, an objective violation of the duty of care, a causal relationship, and objective attribution should be recognized. In particular, marine ship accidents should be considered as risks that allow special circumstances that they must operate inevitably despite the dangerous environment of the ocean. In addition, among those involved in ship operation, it should be considered that a person who trusts the performance of other people's obligations in accordance with the principle of risk distribution and fulfills his or her obligations cannot establish a negligence criminal even if results occur. In addition, in order to disperse risks, related laws stipulate the distribution of liability for damages, the application of insurance laws, and the legal principles of limiting liability for negligence. These laws aim to recover from civil losses and disperse risks rather than criminal responsibility. Considering these points, it is not desirable to actively prioritize the criminal responsibility of people, including captains and pilots, as negligence criminals unless the cause of the ship failure is attributed to a specific natural person. Criminal law should be respected in that a number of laws, such as commercial law and insurance law, legislate risk distribution and devise countermeasures.