THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 39
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- Pages.281-310
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- 2008
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- 1229-2036(pISSN)
A Study on the Korean Port Management in a viewpoint of Overlap Elimination - Focused on the Related Port Law -
중복배제의 관점에서 본 우리나라 항만관리에 관한 연구 - 항만 관련법률을 중심으로 -
Abstract
An understanding of importance of port has increased according to the in and out environment changes surrounding port. And the jurisdiction of physical distribution including port logistics integrated to Ministry of Land, Transport and Maritime Affairs. It is a good time for review the related port law once more. Present related port law has no problems itself. But because there are many laws about port, so overlap is shown in many aspects. According to this viewpoint, this study has focused to reduce the overlap in the contents of the laws and propose the improvement methods. So as to achieve this goal, I divided study fields into three aspects. The first is the subject of port management and second is the object of port management, the third is contents of port management. And also improvement plan provided in three aspects. Improvement plan is as follows. Firstly, the diversity of management subject is reduced considerably due to the integration of government organization but the problem which what laws among the various laws would adopt to same object is still remained. So it is necessary to make into one or two laws. Secondly, in the case of object of port management, it is essential to cover the port, port facilities and port hinterland with one comprehensive law. Therefore it is important to adjust the related clauses in various laws. Thirdly, in connection with the contents of port management, port development plan or other related port business and etc. described in various laws have to cordinated. At the same time, it is desirable that the similar terminology used in various laws would be unified.