선박충돌사고와 형사과실책임

Abstract

The number of traffic accidents at sea are few in comparison with traffic accidents on the road. However, there is no saying that traffic accidents at sea are few when we compare cars which are driven quickly on a narrow road with ships which make slow voyages over wide seas. It is possible for us to prevent ship accidents at sea if we take adequate notice of the radar, the gong , and the wireless installation of the ship. Nevertheless, the causes of ship accidents at sea are, firstly, making a voyage without enough attention, and, secondly, unskillfulness in the control of the ship. Taking this opportunity of this problems, went deep into the study of development and examination about a criminal liability in a ship accident of theories and cases in Japan. The question of whether or not to admit a criminal liability, is determined by the existence of the possibility of concrete foresight. It is impossible to shirk one's criminal responsibility about an illegal act, if the possibility of concrete foresight exists, and if we do not take complementary measures for evasion of a result, and if ship accidents at sea give rise to a violation of the benefit and protection of the law. If it is so, we must not only search for a standard regarding the possibility of concrete foresight, but also judge by the standard under a special feature of the ship which makes a voyage. This paper shows how we will decide a standard of criminal liability in a ship accident. Firstly, the existence of the relation of cause and effect is most important in the standard. Secondly, navigation from the maritime traffic law is also important. Thirdly, the existence of justification of circumstantial judgment from "The Daily Routine Work Act of seamen" is an important standard.