태안 허베이 스피리트호 유류오염사고에 대한 환경법적 고찰 - 미국 유류오염법의 시사점을 중심으로 -
Environmental Legal Studies on Oil Pollution Accident of Hebei Spirit - Focusing on Comparative Studies to the U.S Oil Pollution Act -
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The Hebei Spirit accident that resulted in serious oil pollution on coastal areas of Taean, Chungcheongnam-do brought legal issue of oil pollution control systems such as prevention and compensation systems. International society has worked on regulation of marine oil pollution by ships and concluded International Convention for the Prevention of Pollution by Ships and its 1978 Protocol(MARPOL73/78), International Convention Civil Liability for Oil Pollution Damage and Oil Fund Convnetion of 1971. They focus on double vessel structure to prevent large scales oil pollution, and prompt and appropriate compensation system. The U.S. Oil Pollution Act of 1990, which was established through Exxon Valdez case, also takes similar but stronger regulation to prevent oil pollution accidents such as National Oil and Hazardous Substances Pollution Contingency Plan and strong criminal penalties; moreover, it has the Oil Spill Liability Trust Fund for uncovered damages. The main Korean marine oil pollution legal system consists of Marine Environmental Management Act and Oil Pollution Damages Guarantee Compensation Act; moreover, the government passed the special act for oil pollution of damage compensation from the Hebei Spirit accident. This paper explores the marine oil pollution(by ship) control systems focusing on prevention and compensation systems with comparative legal analysis(international conventions, the US laws and domestic law). This paper proposes that it is necessary to introduce double hull vessel to domestic vessel structure system immediately and to establish oil pollution compensation fund like the US Oil Spill Liability Trust Fund. In addition, it is unreasonable that Marine Environmental Management Act modified the criminal penalty on marine pollution by wreck of ship unlike preexisted the Marine Oil Prevention Act. Finally, it should be considered carefully that the main administrative entity to cover the marine oil pollution from Ministry of National Soil and Marine to Ministry of Environment.
Abstract
The Hebei Spirit accident that resulted in serious oil pollution on coastal areas of Taean, Chungcheongnam-do brought legal issue of oil pollution control systems such as prevention and compensation systems. International society has worked on regulation of marine oil pollution by ships and concluded International Convention for the Prevention of Pollution by Ships and its 1978 Protocol(MARPOL73/78), International Convention Civil Liability for Oil Pollution Damage and Oil Fund Convnetion of 1971. They focus on double vessel structure to prevent large scales oil pollution, and prompt and appropriate compensation system. The U.S. Oil Pollution Act of 1990, which was established through Exxon Valdez case, also takes similar but stronger regulation to prevent oil pollution accidents such as National Oil and Hazardous Substances Pollution Contingency Plan and strong criminal penalties; moreover, it has the Oil Spill Liability Trust Fund for uncovered damages. The main Korean marine oil pollution legal system consists of Marine Environmental Management Act and Oil Pollution Damages Guarantee Compensation Act; moreover, the government passed the special act for oil pollution of damage compensation from the Hebei Spirit accident. This paper explores the marine oil pollution(by ship) control systems focusing on prevention and compensation systems with comparative legal analysis(international conventions, the US laws and domestic law). This paper proposes that it is necessary to introduce double hull vessel to domestic vessel structure system immediately and to establish oil pollution compensation fund like the US Oil Spill Liability Trust Fund. In addition, it is unreasonable that Marine Environmental Management Act modified the criminal penalty on marine pollution by wreck of ship unlike preexisted the Marine Oil Prevention Act. Finally, it should be considered carefully that the main administrative entity to cover the marine oil pollution from Ministry of National Soil and Marine to Ministry of Environment.
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