Journal of Fisheries and Marine Sciences Education (수산해양교육연구)

The Korean Society for Fisheries and Marine Sciences Education (한국수산해양교육학회)
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A Study about Legal Issues of Ship Crash in Open Ports Act

개항의 항계 안에서의 선박충돌에 따른 법률상의 쟁점 -해양안전심판원의 재결사례에 대한 분석을 중심으로-

  • Received : 2015.11.20
  • Accepted : 2016.01.04
  • Published : 2016.02.29
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Abstract

Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.

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References

  1. Choi, Suk-Yoon.Moon, Joong-Sik(2013). A tudy on the precedent case about the principle of trust in marine Traffic Accident, Maritime Law Review 25(2), Korea Maritime Law Association. 75 under.
  2. Incheon maritime safety tribunal(2010). Case Book.
  3. Ji, Sang-Won(2004), Application of navigation in open port law, Korea Sailing Port Review 28(5), Korea Sailing Port Association. 359 under.
  4. Ji, Sang-Won(2011). A study about time of navigation application in marine traffic law, Maritime Law Review 23(3), Korea Maritime Law Association. 106 under.
  5. Jin, No-Seok(2005). A study about Principle of Trust in maritime traffic, Coast Pilot 39, Korea Coast Pilot Association. 18 under.
  6. Jung, Sung-Kun.Park, Kwang-Min(2012). Criminal Law general theory(new edition), Sung Kyun Kwan University Press : Seoul. 442 under.
  7. Kim, Hyun-Sun(2013). Application on principle of trust as civil liability limit which is about divided medical act, Korea medical law Research 21(2), Korea medical Law association. 134 under.
  8. Kim, In-Hyun(2007). Ship crash and Navigation research in Korea, Dasom Pub : Busan. 60 under.
  9. Kim, In-Hyun(2012). Maritime Traffic law(4th edition), Sam Woo Pub : Seoul.
  10. Kim, Jin-Dong(2005). Navigation at port and case interpretation, Moon Won Sa : Seoul. 33 under.
  11. Kim, Jong-Gu(2013). A Study on maritime traffic negligence and Principle of trust, Marine circumstance safety association conference. 357 under.
  12. Lee, Jae-Sang(2011). Criminal Law general theory(7th edition), Baek young sa : Seoul. ${\S}14/29$ under.
  13. Lee, Yun-Cheul(2008). Maritime Traffic Law, Dasom Pub : Busan. 227 under.
  14. Main maritime safety tribunal(2001). Case book.
  15. Park, Hee-Ho(2012). A study on the detailed standard of cause and effect in the liability relation : focused on supreme court case, Dong-A Law Review 56, Dong-A Law research. 296 under.
  16. Shim, Kun-Hyung(1987). Negligence of coast pilot and responsibility of captain, Korea Marine 170, Korea maritime problem research institute. 57 under.
  17. 池內宏(2005), 航空事故の過失理論-刑事過失の限界-, 日本東京 : 成文堂. 116 under.