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학술논문국제법무연구2025.05 발행

Legal Analysis on Stakeholders of Offshore Energy - Focusing on the Lifecycle of Offshore Plants and Contractual Relationships between Stakeholders in Korean Legal perspective

Legal Analysis on Stakeholders of Offshore Energy - Focusing on the Lifecycle of Offshore Plants and Contractual Relationships between Stakeholders in Korean Legal perspective

김의석(법무부)

2호, 76~135쪽

초록

The Republic of Korea has firmly established itself as a global leader in the offshore plant construction market. However, domestic offshore plant infrastructure and research have been heavily concentrated on construction, with little practical experience in the operation and man agement of offshore plants. Consequently, despite the fact that the operational phase constitutes the majority of an offshore plant’s lifecycle, there has been almost no preparation for accidents occurring during operation. Even in the 21st century, large and small accidents continue to occur worldwide during the operation of offshore plants, resulting in loss of life, environmental pollution, and economic damages—raising new legal and social issues. Nevertheless, there remains a significant gap in legal research addressing not only systemic deficiencies in offshore industry safety management but also the liabilities of various stakeholders involved in accidents. Given the growing demand for offshore plant operations within Korea, as seen in projects such as the “Daewang Whale” field, there is an urgent need for research into relevant domestic legal systems. Because offshore plants differ significantly from ordinary ships in their diverse types, it is es sential to first define the scope of offshore plants before engaging in any legal discussion. Modern offshore plants may be fixed installations or floating structures, some designed similarly to ships with self-propulsion capabilities. Functionally, they can be broadly categorized into drilling facilities and production facilities. Furthermore, the scope of offshore plants is expanding, incorporating functions such as offshore wind energy generation in addition to oil production. Legal issues not only concern the offshore plants themselves but also the various stakeholders involved in their ownership and operation. In addition to direct stakeholders—such as owners, operators, and operation management companies—third parties who have no contractual relation ship with the offshore plant, including local fishermen and coastal residents, may suffer damage in the event of an accident. Laborers working on offshore plants or support vessels are also at risk. Thus, in order to discuss the specific legal relationships involved in offshore plant operations under Korean law, it is necessary to first examine the domestic operational and management framework. Additionally, differences in operational methods and applicable laws must be consid ered depending on the offshore plant's structure, use, and the causes of accidents, all of which can influence stakeholder liability. The scope of internal and external liability of stakeholders depends on the specific causes of accidents, necessitating a comprehensive understanding of stakeholders' duties and responsibilities during offshore plant operations. This study examines major past offshore accidents, analyzes their causes, and explores the legal responsibilities of stakeholders. It also reviews relevant do mestic laws, including the Marine Environment Management Act, the Maritime Safety Act, and the Occupational Safety and Health Act, as well as related Korean court cases. Furthermore, it incorporates analysis of international standard contracts to broaden the understanding of stake holder relationships.

Abstract

The Republic of Korea has firmly established itself as a global leader in the offshore plant construction market. However, domestic offshore plant infrastructure and research have been heavily concentrated on construction, with little practical experience in the operation and man agement of offshore plants. Consequently, despite the fact that the operational phase constitutes the majority of an offshore plant’s lifecycle, there has been almost no preparation for accidents occurring during operation. Even in the 21st century, large and small accidents continue to occur worldwide during the operation of offshore plants, resulting in loss of life, environmental pollution, and economic damages—raising new legal and social issues. Nevertheless, there remains a significant gap in legal research addressing not only systemic deficiencies in offshore industry safety management but also the liabilities of various stakeholders involved in accidents. Given the growing demand for offshore plant operations within Korea, as seen in projects such as the “Daewang Whale” field, there is an urgent need for research into relevant domestic legal systems. Because offshore plants differ significantly from ordinary ships in their diverse types, it is es sential to first define the scope of offshore plants before engaging in any legal discussion. Modern offshore plants may be fixed installations or floating structures, some designed similarly to ships with self-propulsion capabilities. Functionally, they can be broadly categorized into drilling facilities and production facilities. Furthermore, the scope of offshore plants is expanding, incorporating functions such as offshore wind energy generation in addition to oil production. Legal issues not only concern the offshore plants themselves but also the various stakeholders involved in their ownership and operation. In addition to direct stakeholders—such as owners, operators, and operation management companies—third parties who have no contractual relation ship with the offshore plant, including local fishermen and coastal residents, may suffer damage in the event of an accident. Laborers working on offshore plants or support vessels are also at risk. Thus, in order to discuss the specific legal relationships involved in offshore plant operations under Korean law, it is necessary to first examine the domestic operational and management framework. Additionally, differences in operational methods and applicable laws must be consid ered depending on the offshore plant's structure, use, and the causes of accidents, all of which can influence stakeholder liability. The scope of internal and external liability of stakeholders depends on the specific causes of accidents, necessitating a comprehensive understanding of stakeholders' duties and responsibilities during offshore plant operations. This study examines major past offshore accidents, analyzes their causes, and explores the legal responsibilities of stakeholders. It also reviews relevant do mestic laws, including the Marine Environment Management Act, the Maritime Safety Act, and the Occupational Safety and Health Act, as well as related Korean court cases. Furthermore, it incorporates analysis of international standard contracts to broaden the understanding of stake holder relationships.

발행기관:
법무부
DOI:
http://dx.doi.org/10.36514/itl.2025..2.003
분류:
법학

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Legal Analysis on Stakeholders of Offshore Energy - Focusing on the Lifecycle of Offshore Plants and Contractual Relationships between Stakeholders in Korean Legal perspective | 국제법무연구 2025 | AskLaw | 애스크로 AI