도선선의 법률관계에 관한 고찰 ― 도선선 선원의 과실로 발생한 사고에 대한 배상책임을 중심으로 ―

Abstract

According to Article 20 (compulsory pilotage) of the Pilotage Act, for the ship to be operated in the pilotage area, the ship should be piloted by a maritime pilot on board the ship. Even where the compulsory pilotage rule does not apply, a maritime pilot’s assistance is essential if the concerned parties lack knowledge of the harbor. A maritime pilot must use pilot boats to board and pilot a ship but it is a reality that legal regulations and research about pilot boats are very lacking. Pilot boats are regulated by administrative laws covering pilotage, and other matters are covered by other regulations: Ship Act which classifies pilot boats as barges of less than 20 gross tonnage and the general rule which deals with pilot boats’ commercial matters. However, there is a problem that these Acts and regulations do not reflect the characteristics of pilot boats. Pilot boats are operated by the pilot boats operating company that owns them. On the other hand, seafarers of pilot boats hired through process managed by the local maritime pilot association and dispatched to pilot boats. The local maritime pilot association also be a party of insurance for pilot boats. And in most cases, the CEO of the operating company is the president of the local maritime pilot association, and maritime pilots of the association have an important place at the operating company, such as the director of the company. In the event of a maritime pilot being injured in the negligence of the pilot boats’ seafarers, the maritime pilot may have to file a claim against the company he owns. So the legal liability related to pilot boats needs to be clearly defined. Therefore, this paper discusses legal relationship related to pilot boats that can occur when a pilot suffers damage due to the negligence of the seafarers of the pilot boats, focusing on liability of compensation. And I also discuss legal relationships, such as the governance of the pilot boats company and the employment patterns of the seafarers of the pilot boats. In addition, I deal with the real right granted by way of security for the pilot boats, the insurance issues to protect the seafarers of the pilot boats and liability of pilot boats, and the legal nature of pilot boat charges. Finally, when the maritime autonomous surface ship was introduced, the changes that the maritime pilot and pilot boats would encounter are briefly discussed.