좁은 수로 항법과 예인선단의 조종제한 여부 - 대법원 2005.9.28.선고 2004추65 판결 재결처분취소 -

Abstract

A collision occurred at the off-shore from the Wando, Chunnam. M/V Hyundai at the heading of 90 degrees was sailing the north of the channel while M/V Burim at the heading of 270 degrees was sailing the north of the channel. The Korean Supreme Court regarded the tug-tow as the vessel restricted in her ability to maneuver with priority in the navigation rule. However, the Court rendered that even if the tug-tow has a priority as the vessel restricted in her ability, the application of the rule may be excluded in the narrow channel; as a result, vessels in the narrow channel should sail in a manner to put her starboard side on the outer limit of the channel pursuant to Article 9 of COLREG; Hyundai was against the rule and thus her blame ratio is 65%. The writer alleges that the collision site was wide enough not to be regarded as the narrow channel and that the tug-tow at the case was not within the definition of the vessel restricted in her ability to maneuver.