선박안전을 위한 개정법률안의 형사법적 쟁점

Abstract

In this paper, the legislative bills submitted to the national assembly for the purpose of securing the safety of vessel navigation are briefly addressed and the criminal law issues of the bills are reviewed. The main contents of this paper are summarized as following. After the Sewol catastrophe, approximately 70 proposed amendment, including the seamen law, the ship officer's act, the ship safety act, the maritime safety act, and the merchant marine act, was submitted to the National Assembly and is in debate. These proposed amendments include issues of criminal law, such as intensification of punishment, joint penal provisions, acknowledgment of a retroactive effect on penal provision, and the exclusive right to accuse. However, these proposed amendments don't only discord with the ground rule of the criminal legislation, but also is not based on sufficient data, such as study on criminology, comparative legal review outcome, and precedents. In sum, when we look at this from only the view of the criminal law issues, the proposition submitted to the national assembly for the purpose of securing the safety of vessel navigation, was a hurried construction, resulted by the pressure of competitively reported hasty articles and public opinion carried away by their feelings, or a result of trying to make a successful image of the legislator rather than considering the effectiveness. Therefore a legislation climate, where a reasonable revised bill, grounding on the normative and social communication and with the content that is calmly reviewed in a long-term point of view, is submitted to the national assembly, should be made.