日本의 船舶衝突과 관련한 航法에 대한 比較法的 硏究

Abstract

Shipping business is an international business. The vessel travels all over the world and thus there is a strong needs for the application of a uniform regulation on every vessel regardless of nationality in order to prevent collision at sea. However, every state has their own right to make a separate national law and implement it over their territorial water. Korean flagged vessels should abide by the Japanese local regulation when they navigate within the Japanese territorial waters including internal waters. As a result, the need for study of Japanese marine traffic regulation is enhanced. The basic systems of the marine traffic regulation are very similar to those of Korea. Japanese laws are different from Korean laws in several aspects: (1) the duty to keep out of the way is applicable only in the case that vessels are in sight of one another under Open Port Ordinance Act; (2) the recommended route has legal binding power; (3) the vessels engaged in fishing and small vessel have a kind of privilege over other general power-driven vessel. The officer in charge of the navigational watch should pay attention to those differences when they navigate within the Japanese territorial waters. The direct application of the Japanese law for Korean law should be avoided in case that the Korean law does not have the same special provision as that of Japan.