船長의 公法상 權限

Abstract

A ship's master exercises the various rights on the maritime public law which are mostly endowed from a nation. These authorities are originated in the special position on which the master must fulfill his responsibility of ensuring ship's navigation safety. In the case of performing his official duties based on the law, he has the authority of “a private individual exercising official duties”(Beliehene). Therefore the master becomes the object of administrative suit on his official duties where he has legal relations with the third party. If any damage is happened, the nation can be demanded the reparation for the damage. Moreover the possibility of terror for public traffic facilities is recently increased by Islamic fundamentalists. So the master is needed the legal systemic countermove on which he can conduct an investigation of a criminal and delict and take of evidence on the ship in position of a judicial police officer according to special criminal law and he can properly cope with judicial administration for terrorist on the sea according to SUA Convention. The purpose of this study is to examine closely authorities of the master in public law and to emphasize the role of the master as a judicial police office.