해상재난관리체계의 법적 문제점과 개선방안 - 여객선 세월호 침몰사건을 중심으로 -

Abstract

Over a month has passed since the sinking of the SEWOL passenger ship, yet day by day the media is putting forward new analysis for cause of the tragedy. The violation of duty by the crew, inadequate initial response, the absence of a disaster management control tower, the suspicion of preferential treatment of certain private rescue service enterprises, poor standards of vessel inspections, non-compliance of ship operation regulations are just a few of the endless problems that have surfaced as the problem behind the SEWOL disaster. It can be said that through the SEWOL disaster, the present state of the ROK’s crisis management ability has clearly been exposed. At this point, it is crucial to examine disaster management law regarding maritime disasters caused by passenger vessels to prevent a repeat of an incident like the SEWOL disaster. On the other hand, it also holds importance as it calls for interest towards the otherwise neglected disaster management act. Generally, the disaster management system is categorized into the areas of prevention, preparation, response and recovery. When each stage of the disaster management system comes together organizationally and co-operatively, the objectives of disaster management can be reached. Following such divisions, the most crucial stage of disaster management is prevention. In the event of a disaster, there must be thorough preparation to respond in order to effectively protect the lives of the citizens. However, as preparation and response is commonly considered to be related to organization and activities, it is has aspects that prove to be difficult in applying the principles that are traditionally studied in the area of administrative law. For such reasons, the research undertaken in by the field of law has been focused on the safety system of police law’s risk prevention in the area of prevention. Thus, awareness of the neglect of research in disaster management act on the overall is necessary. In addition, there was a greater weakness in the study of maritime disaster management in comparison to general disaster management. The reason such can be related back to the nature of maritime disasters to be more closely linked to a number of international conventions of varying legal natures rather than domestic law. With this background, this paper analyzes the legal system and study of maritime disaster management system and presents the current legal systems problems and also gives a proposal for its improvement. The laws related to maritime disasters caused by passage vessels are 「Framework Act on The Management of Disasters And Safety」, 「Ship Safety Act」, 「Maritime Safety Act」, 「Rescue and Aid at Sea and in the River Act」, 「Seafarers Act」, and 「Marine Transport Act」. The various systems that are regulating these laws were divided by disaster management stages and analyzed to deduce the problems. In addition, this paper clarifies that disaster management is a duty of the nation state, and researches whether the duty of disaster management can be carried out with cooperatively with private organizations, and if so to what extent is private cooperation suitable.