도선사의 업무상 주의의무 및 도선사고와의 인과관계 검토

Abstract

Marine accidents, especially accidents occurred by pilot on duty, can often be impossible or difficult to determine the cause of accidents due to various marine and conning/piloting characteristics. It is hard to understand that those involved in maritime accidents are too easily taken a disciplinary action, even though the exact cause of the accident can not be determined. Disciplinary action beyond suspension of business will suffer as much loss and pain as criminal penalties for those involved in maritime accidents. Therefore, in order to investigate the professional negligence of the person involved in maritime accidents, the possibility of foresight and avoidance of accidents should be reviewed, based on objective and subjective duty of care on the same terms as criminal negligence, and a disciplinary decision should be made only if there is sufficient possibility of criticism to hold the actor responsible for the result of the accident in accordance with the causal relationship between the behavior and the result and objective attribution theory. In this case, I would like to review the Korean Maritime Safety Tribunal's judgement on investigation for the cause of the accident and disciplinary action against a stranded accident caused by a steering system failure of the car carrier.