조난사고에 있어서 해양경찰의 부작위와 업무상과실치사죄에 관한 소고

Abstract

When a shipwreck accident occurs at sea, the rescue operation is different from that on land. The reason is necessary to understand the tide, climate, and the situation inside the ship, and it is not easy unlike the rescue work on land. Therefore, even if the Korea Coast Guard do their best to deal with accidents, there are bound to be casualties that cannot be rescued. Of course, it is not easy to transfer responsibility for rescue activities in case of a disaster, even if there is damage to people who could not be rescued. Therefore, in the case of Korea or foreign countries, there have been few cases in which the responsibility of not only the shipowner but also the rescue police has been imposed for a ship's distress accident at sea. Nevertheless, when the Sewol ferry accident occurred in 2014, captain of coast guard‘s Patrol Vessel 123 were the first to arrive and rescue them. However, for the casualties that could not be rescued, the crime of manslaughter by negligence was applied. The main reason the court shifted responsibility to the Coast Guard is that it is a late response. Responsibility for rescue activities in case of marine distress should be analyzed from various angles. The court shall analyze from various angles whether or not damage has occurred due to the fault of the rescue police in carrying out rescue activities due to the occurrence of a marine distress accident. However, it can be seen that the court overlooked the special situation at sea and passed the responsibility to the rescue police by judging by the standard of land. Therefore, based on the above problems, this paper examines the characteristics of the sea in relation to the rescue work of the maritime police when a distress accident occurs in the sea as follows. First, the maritime police officer's duty to act and responsibility for omission were reviewed, and next, theoretical considerations were reviewed on the existence or non-existence of business negligence due to omission.