항법의 적용시점에 관한 검토

Abstract

Although International Regulations for Preventing Collisions at Sea, 1972(hereunder, ‘COLREG’), Korean Maritime Safety Act, and Korean Public Order in Open Ports Act do not define meanings of navigational rules, principally navigational rules for the passage of vessels can be said that any nautical skills for the safe and fast passage from a point to another point. To this regard, navigational rules includes not only rules found in laws and regulations for the passage of vessels, but also any kinds of methods devoted themselves to the prevention of collisions at sea or diminishing risks of collision at sea. Pre-requisites for the commencement of navigational rules are ① risk of collision, ② recognizability of an opposite vessel. As risk of collision means any potential risks of collision which is stipulated in Section 7 of COLREG, it indicates a situation where vessels can collide if vessels do not changes routes and speed. In addition, recognizability of an opposite vessel is a situation where there is high possibility of collision and where ordinary seamen may trace an opposite vessel, regardless of whether seamen have actually cognized the opposite vessel and the risk of collision. However the concept of risk of collision should be drawn line from ships‘ actual collision avoidance actions. Even if there is an inseparable relation between the concept of risk of collision and collision avoidance actions, the said two concepts are not identical because ships are expected to make actions for the avoidance of collision when there is an actual risk of collision. In sum, from the time when the above mentioned pre-requisites are met navigational rules commence, and last until the time when risk of collision ceases. Therefore, when it commences to give effects, there should be no changes in navigational rules for the duration of risk of collision.