표류 및 정류선박의 항법상 지위와 법률상의 책임 - 중앙해양안전심판원의 재결 사례를 대상으로 -

Abstract

This study is focused on application of navigation and legal liability about ship crash accident between moving ship and stopping ship on the sea. On interpreting in the view of application of navigation, stopping ship on the sea is divided into floating ship and drifting ship, and it is right to give different navigation status separately. First, it is impossible for us to applicate general navigation to the floating ship, so we should applicate basic principle of daily routine work of sailor complementally and we give prior right compared to confronted ship. However, if there are negligence of sailor or violation of caution duty by captain, even though prior right of navigation could be maintained floating ship should take a responsibility of torts for damage as high rate due to deduction for comparative negligence. This means that floating ship should observe duty of navigation equal to confronted ship in aspect of compensation of damage. Relating to the legal liability, if the negligence of confronted ship is able to be verified the confronted ship should be liable to responsibility of high proportion about torts due to priority of floating ship’s navigation. However, it is necessary to adjust damages in case of captain’s violation of caution duty due to deduction for comparative negligence as this paper assert as above mentioned. Also, if the captain’s violation of caution duty will be clear and the violation cause death, furthermore, causation will be clear floating ship would take responsibility for negligence of joint torts. Second, drifting ship should be considered as moving ship, so the general navigation should be applied to drifting ship, but in case of no speed made through the water, basic principle of daily routine work of sailor can be applied, but, in aspect of burdened duty has equal status to confronted ship. In other words, drifting ship should take responsibility for damage as negligence of joint torts due to negligence each other.