선박안전법 제74조의 선박결함신고 개선연구

Abstract

The Report of defects in a ship in Ship Safety Act was established by succeeding the Ship Safety Act in Japan. In accordance with the changes of the times and the regulations of the report of defects in a ship caused many changes, but various problems have been raised in fulfilling and applying the obligations. Accordingly, this study examined the history of the report of Article 74 of the Ship Safety Act to understand the changes in the regulation of the report of the defects in a ship. Also, by comparing the report of defects regulations in the Aviation Safety Act and the Railroad Safety Act. Then, the problems were identified and improvement measures were presented below. Firstly, switching to a voluntary report of defects in a ship should be considered. Since this is because reckless reporting due to fear of punishment may waste administrative power and impede the smooth operation of ships. Secondly, the revision of the current laws and regulations should be considered. the reporting subject and subject of the report should be specified, and the deadline of the report is stipulated. In addition, to rationalize and decriminalize, punishment regulations should be converted into fines or penalties.