선박안전 및 재난관리에 관한 법정책적 검토

Abstract

The continuing existence of modern society is threatened by a variety of dangercaused by the increasingly advanced and complex industrial structure today. As all kinds ofdisasters keep growing in size, they increase people’s anxiety with their lives and raise the level of their expected need for safety more than ever. The recent sinking accident of the passengership Sewol owned by Chonghaejin Marine Co., Ltd. and its dealing process demonstrated that theestablished legal systems around boat safety and disaster management were not simply working. This study analyzed legal problems with boat safety from the perspective of legal policies inrelation to the sinking accident of Sewol including the Ship Safety Act, Seafarers Act, ShipPersonnel Act, and Marine Transportation Act, as well as reviewed major improvement tasksrevealed in the legal systems related to ship safety. The study especially developed discussionsaround such issues as the problems with the agency of ship inspection system, directions for theinstitutional improvement of captains’ authority and roles in public law, mitigation of theregulations for aged ships, and voluntary control called guidance and supervision for safe sailing. Furthermore, the study delved into the problems with and improvement tasks of the Rescue andAid at Sea and in the River Act, Maritime Safety Act, and Act on the Management of Disastersand Safety with regard to responses after a ship sinking accident and the security of a disastermanagement system. Calamities and disasters inevitably happen to some degree regardless of times and society, butthere should be proactive and preventive efforts to control calamities and disasters from theperspective of legal policies. It is also a desperate need to set up a disaster management system tomake quick and efficient responses to calamities and disasters when they take place and minimizetheir damage. There is an attempt to establish a “Ministry of National Safety” under the supervision of theprime minister by revising the National Government Organization Act to secure such an efficientdisaster management system. It will be desirable that a “National Safety Board” is under thesupervision of the prime minister as a disaster control tower since it needs to make people’s safetythe top priority and take control over each ministry. The study also made suggestions for overallimprovement tasks including securing a relief system to enhance field readiness in case of disaster,efficiency of coordination among the government departments, establishment of a private-publiccooperation system, and Integration of disaster and safty legislation.