Journal of Fisheries and Marine Sciences Education (수산해양교육연구)

The Korean Society for Fisheries and Marine Sciences Education (한국수산해양교육학회)
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Problems and Ways of Improving on Personal Organization of Maritime Safety Tribunal

해양안전심판원의 인적구성의 문제점 및 개선방안

  • Received : 2012.12.30
  • Accepted : 2013.06.03
  • Published : 2013.06.30
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Abstract

The purpose of Maritime Safety Tribunal is that experts about ship operation investigate and reveal causes of marine disasters and suggest plans to prevent recurrence in Korean Maritime Safety Tribunal which is a kind of administrative court. Despite the fact that 72% of marine disasters is fishing vessel accidents and 75% of collision accidents between vessels which most occur is related to fishing boats, it is the very serious problem that there is no any person with licenses of marine technicians for fishing vessels in judges and investigators of Korean Maritime Safety Tribunal. The operational characteristics of fishing vessels, their sizes, and shift patterns of duties in wheelhouses are completely and incommensurably different from those of merchant vessels. By the way, if the investigators and judges who just consist of merchant vessel experts investigate and judge marine accidents about fishing vessels, there could be errors in establishment of policies to investigate and reveal their causes and prevent recurrence of accidents. Especially, in case of collision accidents between fishing vessels and merchant vessels, it is thought that the marine accident interested provides causes which can be doubtful about fairness of judges. Therefore, it is thought that the ratio of judges and investigators is most desirable to compose it to be similar to the occurrence frequency of marine accidents. For this, the following solution plans are suggested. First, qualification for appointment requires first class marine technicians. But there is the only one vessel which needs the first class in fishing vessels. Therefore, it is thought that the provisory clause should be added so that the second class marine technicians can be used instead of the first class ones. Second, the marine accidents of fishing vessels reach 72% but the fact that there is no any judge and investigator with licenses of marine technicians for fishing vessels is thought to go against the purpose of establishment of Korean Maritime Safety Tribunal. Therefore, it is thought that there is, at least, one more judges and investigators in the central and local Korean Maritime Safety Tribunals. The same method should be applied to judge assistants and investigation assistants.

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References

  1. Bak Mun-Gab.Jeon Yeong-Woo.Lee U-Won (2012). Report on the Cause analysis and method to prevent a recurrence of marine accidents between Fishing and Merchant vessel, A Report of Research, Korean Maritime Safety Tribunal, 31-34.
  2. Baek Ok-Hee(2009). A Study on the Investigation and Judgement of Marine Accidents, Major in Maritime Law Depart of Maritime Polic Law Graduate School of Mokpo Maritime University, 35-42.
  3. IMO, Guidelines for the Investigation of Human factors in Marine Casualties and Incidents, Appendix 2.
  4. Jo Dong-O(2001), A Study on Reform Directions for effectiveness of Marine Accident' Cause Examination, Marine fishery Vol.206, 8-11.
  5. Jo Dong-O.Mok Jin-Yong Bak.Yong-Uk (2002). A Study for Evolution Direction of Korea' Maritime Safety Tribunal, Report of Korea Maritime Institute, 105-115.
  6. Jang In-Sik(2009). A Study on the Effective Safety Management Measures for the Prevention of Marine Accidents, Journal of the Korea Society of Marine Environment & Safety, Vol.15 No.1, 3-7.
  7. Jong Jae-Yong.Na Song-jin(2003). A Comparative Study on the Investigation and Inquiry System of Marine Accidents, Korean Institute of Navigation and Port Research, Vol. 27 No.2, 130-134. https://doi.org/10.5394/KINPR.2003.27.2.129
  8. Ju Jong-Kwang.Choi Suk-Yoon.Lee Eun-Bang.Lee Min-Su(2009). Problems and Reform Measures of the Investigator system on Marine Accident, Maritime law review, Vol. 21 No.3, 264-271.
  9. Kim Dong-Jin.Kwak Su-Yong(2011). Evaluation of Human Factors in Ship Accidents in the Domestic Sea, Journal of the Ergonomics Society of Korea, Vol.30, No.1, 89-90.
  10. Kim Kyu-Sub(2000), A study on the Policy Measures of the Prevention of Fishing Boats' Casualties, Department of Marine Engineering, Graduate School of Maritime Industal Studies, Korea Maritime University, 24-30.
  11. Lim Seok-Won(2011). Remedy of maritime accidents inquiry in a Civil Liability, Maritime Law Review, Vol.33 No.1, 163-165.
  12. Lim Chae-Hyun(2010). A Study on the Introduction of IMO Casualty Investigation Code and Marine Safety Investigation System in Korea, Journal of the Korea Society of Marine Environment & Safety, Vol.16 No.1, 58-62.
  13. Lee Sang-Il(2012). A Study on the Korea Maritime Safety Tribunal and the Remedies for Rights of Ctizens, Maritime Law Review, Vol.24 No.3, 107-110.
  14. Lee Jung-Won(2010). The Maritime Safety Tribunal and Article 27 of Korea Contitutional Law, Legal profession, Vol.651, 173-180.
  15. Park Kyeong-Hyeon(1997). A study on some problems and proposals for revision of the Marine Accidents Inquiry Act, The Graduate School of Korea Maritime University, Department of Maritime Law, 15-20.
  16. Park Yong-Sun(2002). Reform Directions for Appointment System of Inquiry Agency' Maritime Judges, Marine Korea, 2002.10, 140-147.
  17. 蕂井春三(2001), 海難の眞實, 成山堂書店, 11-60.
  18. 村田治美(1987), 航海商法.漁海商法, 成山堂書店, 148-160.