낚시어선 안전관리 제도상 문제점 및 개선방안

Abstract

There have been many changes since the repeal of the「Charter Fishing Business Act」and the enactment of the「Fishing Management and Promotion Act」in 2011. First, the law no longer stipulates the "increase of the income of fishing households" as its purpose. This reflects the reality that a different group of people, other than those who fish for a living, became professionally engaged in charter fishing business using 9.77 ton fishing boats and it seems the Government's policy is to promote them. On the premise that fishing vessel proprietors operate small businesses they were granted various institutional incentives until now. Also they were subject to lax safety regulations. The current institution maintains incentives based on the existing Charter Fishing Business Act but also harbors safety problems by promoting this new business entity. This study analyzes the legal and practical issues of the fishing vessel safety management within the「Fishing Management and Promotion Act」. The results indicate the following problems: First, lax regulations led to conflicts between proprietors. Second, the safety management obligation is heavily imposed on local governments and this results in no nationwide unified standard. Third, the safety management monitoring becomes difficult with the low use of position indicating devices including AIS(Automatic Identification System), V-PASS, and VHF-DSC. Fourth, there is no regulation against overspeeding. Fifth, although liability insurance is compulsory for vessel proprietors the compensation limit is too low to be sufficient for actual damage recovery. Sixth, as fishing vessels operates from over 1,000 ports across the nation practical inspection upon port entry/departure is challenging. To counter these issues this study points out moderating the level of safety management regulations as a solution by clearly differentiating general fishing business and charter fishing business. This study also emphasizes that the Ministry of Public Safety and Security should oversee all matters related to the safety of fishing vessels and the monitoring of fishing vessels should be managed by fisheries information communication stations as a single point. In addition, this study proposes various alternatives on fishing vessel port departure/entry reporting system, safety educations, safety standards applied to fishing vessels, monitoring system for fishingvessel proprietors and fishers and categorizes them into long-term and short-term challenges of the fishing vessel safety management according to actual feasibility.