해상교통법상 통항항해배제에 관한 해석론적 고찰

A Study on the Legal Interpretation of "not to impede the passage" in the Rules of the Nautical Road

There is a vessel which shall not impede the passage of any other vessel in the COLREGS 1972. But the issue was raised that the words of "not to impede" were vague. Therefore, IMO adopted new paragraph (f) to be added to Rule 8 that a vessel which is required not to impede the passage of another vessel is not relieved of this obligation if approaching the vessel so as to involve risk of collision. It means that the ship which is obliged not to impede should contributes to avoid collision and to the safe passage of the other vessel. Also it results that the application of Collision Rules should be changed. But until now, it seems that the mariners are not familiar with this subject. This paper, therefore, aims to define the meaning of "not to impede" and clarify it's legal concept so as to adequate application of the Collision Rules for the collision avoidance at sea.on avoidance at sea.