해기사의 징계요건으로서 인과관계에 대한 소고

Abstract

Generally speaking, causation is causal relationship between conduct and result. That is to say that causation provides a means of connecting conduct with a resulting effect, typically an injury to others. If a state is to penalize a person or a victim of a tort is to require that person to pay compensation, there should be a causal relationship between her conduct and the result. Once the result is caused by chance or in a very special circumstances, it would be very difficult to establish her liability; imposition of liability is unreasonable where the causal relationship is not recognized. Meanwhile, Korea Maritime Safety Tribunal (KMST) is in charge of examining the cause of maritime accidents and initiating disciplinary actions against ship officers and pilots for their negligence in their duty. The disciplinary action is similar to pursuing liability against those who committed an injury to others. Thus, the causal relationship should be examined in the procedure of the KMST. However, it is not the case in many cases. As is shown in some KMST cases, officers are given disciplinary measures even though the causal relationship is hardly found or justified. Under these decisions of the KMST, they would suffer unfairness but don't start legal action against the KMST：they are so poor that they could not afford to. The author believes the current practice of the KMT is against the law and lays a unjust burden on officers. From this view point, the author raises some measures to rectify the current practice of the KMST. Among the measures, the author proposes amending the current directive as the best solution.