해양안전심판과 국민의 권리구제에 관한 연구

Abstract

The purpose of administrative remedies is to protect the rights of citizens from illegal and unfair administrative action. Treaties on administrative law, above all in order to protect the rights of citizens, act to prevent and remedy the infringement of the rights of the people according to administrative action based on principle of the rule of law. Korean Maritime Safety Tribunal(hereinafter KMST) aims to find the cause of marine accident and contribute to marine safety as an administrative agency rather than it imposes penalty to a ship officer who causes the accident. In the case of marine accidents, regional KMST judges a cause ruling and a disciplinary ruling to maritime officers or pilots. The disciplinary ruling to citizens is equivalent to infringed administrative penalties. Filing to the central KMST to request an remedy for infringement penalties is administrative appeal when people dispute about administrative disposition. Administrative litigation is a right to seek for the judgement of revocation from ruling of administrative appeal of central KMST. Generally, ruling of administrative appeal is judged 3 times under the Korean legal system, but the administrative litigation filed due to dissatisfaction for the ruling of central KMST is only allowed to judge by Korean Supreme Court as a final decision. There have been controversial that the KMST procedure violates the Fundamental Rights of the Korean Constitutional Law. The purpose of this paper is to propose improvement plan to ensure marine safety through the identification of cause of the accident and to aid infringed the rights of the people due to disciplinary ruling.