해상 사이버 위험의 상사법적 쟁점에 관한 연구

Abstract

With the recent development of information technology and artificial intelligence, the operation of transportation, which was previously carried out by humans, is becoming unmanned, and the construction and operation of unmanned ships are also actualizing in sea transportation. However, compared to technological advances, response to cyberattacks is weak, and cybersecurity issues are also emerging. Therefore, it is considered that responding to cyber risks is one of the important tasks that must be decided before the commercialization of autonomous ships. The purpose of this study is to contribute as a preliminary study on the legal issues with the maritime transportation legislation that will arise in the future of maritime cyber risks. As the risk of maritime cyber intensifies, the question can be asked, "In the current situation where higher cybersecurity standards than in the past are required to respond to cyberattacks, can sea carriers be considered to have fulfilled their obligations to have ship seaworthiness?" To sum up this, it is the question of "Is cybersecurity included in the maritime carrier's seaworthiness obligation?" If the maritime carrier's seaworthiness obligation is recognized, the question can be asked, "Cyber hacking can be included in the scope of 'piracy or other acts equivalent to it' among the reasons for exemption from maritime carriers under our commercial law?" And if this is recognized as piracy, sea carriers will be exempted from liability for damage. In addition, it will be of practical value to examine whether or not damage occurs due to a cyber attack, as well as the problems that can occur when cyber risks are covered by marine insurance, and finally, the insurance industry's response to maritime cyber risks.