• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.1 s.22
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• pp.1-9
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• 2005

The Judgement on a certain maritime accident accompany with punishment or recommendation to the examinee who was connected with that accident. It also gives quite a consequence to the Civil Trial relating with the maritime accident. In the Maritime Safety Tribunal System, the examinees can get assistance from Maritime Counselor. As it requires a lot of costs, it should be limited by economic condition of the examinees. In this Paper, with the consideration of the several kinds of Free Counsel System, Free Counsel System for Maritime Safety Tribunal was studied. The proposals are as follows; 1. To introduce the Mandatory Counselling and Court-designated Counselor System. The costs to be paid by government. 2. The same as above but the counselor to be designated among the staffs of the maritime organizations, then the costs to be paid by the organization which they belonged. 3. To establish Maritime Safety Tribunal Association which performs Monetary Assistance same as Korean Legal Aid Corporation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.1
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• pp.57-63
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• 2010

The marine safety investigation inquires and concludes the facts and causes of the marine casualties and incidents with the objective of preventing similar roses in the future. Thus, IMO and most states adopt and revise marine safety related conventions and national laws based on the results of marine safety investigation. In particular, IMO recently adopts mandatory IMO Casualty Investigation Code to identify the precise cause of rose with states' cooperation, to report the result of investigation, and to establish new international safety standard helping prevention of similar cases based on the report. The Judgement of the Korean Maritime Safety Tribunal system based on the 'Act on the investigation of and inquiry into marine accidents' is used for the purpose of marine safety investigation in Korea to prove cause of marine accident and to improve marine safety. Therefore, this study examines the Code and compares the Code with the Act to reflect the contents of provisions in the Code into the Act. The study would also be the basic references in relation to revising of marine safety investigation system in Korea Specially, the contents in relation to the independence of investigation authority and mandatory counselling system, and guarantee of seafarers human rights to ensure fairness of investigation would be included.