해양스포츠법제에 대한 공법적 관점에서의 현대적 고찰 - 일본과 독일의 해양스포츠 관련법제의 비교를 포함하여 -

Abstract

It is a well-known fact that marine sports are a subject of interest to the entire nation. The number of license holders for marine sports equipment such as yachts has increased dramatically, and the number of people simply enjoying themselves and water leisure equipment is also expanding. Accordingly, local governments are also working to secure marine water leisure facilities, and the government has also established a basic plan and announced a roadmap for marine leisure sports. Since Korea began enforcing the “Basic Sports Act” in 2022, it is questionable whether legislation and administration are being implemented to guarantee and further promote and expand marine sports activities as sports rights. In particular, there is a strong argument that legal regulations for safety should be relaxed and the legal system for promotion and support should be expanded. From a comparative legal perspective, it shows very similar aspects to the Japanese legal system. The direct legal system is a system governed primarily by local government ordinances, and various laws and regulations are indirectly related laws and regulations, mainly regarding ‘safety management’. Of course, the most important administrative and legal systems, such as pilot's license and facility registration, are stipulated by law in both countries (e.g., our 「Water Leisure Safety Act」, 「Act on Safety and Activation of Aquatic Leisure Activities」, 「Registration of Water Leisure Organizations) and Inspection Act” and Japan’s “Law on Small Vessel Registration, etc.”). As a direction for improving the marine sports legal system, ① the Framework Act on Marine and Fisheries Development, the Act on the Creation and Management of Marina Ports, etc. should contain regulations for the legal development of marine sports. ② In order to revitalize marine leisure sports, the registration system for the Dual Shipping Act and the Water Leisure Safety Act should be unified and the administrative agencies in charge should not be differentiated. In the case of sailing yachts, the situation where obtaining a pilot's license is mandatory should be improved. ③ The timing and region of marine leisure sports activities must be systematically demarcated, and the basis for establishing support measures for small-scale marine leisure operators and measures to prevent friction with local residents must be legislated. ④ Like the German legal system, there is a need to specifically develop legal orders for safety and promotion related to marine sports.