선박재활용협약에 대한 법적 대응방안 연구

Abstract

In 2018, 744 large merchant ships were sold to scrapyards, and more than 70% of them were dismantled at the workplaces below the criteria for the dismantlement of the scrapped ships in three South Asian countries such as Bangladesh, India, and Pakistan, which raises concerns about the environmental pollution and the safety of the workplace workers. To address this, in 2009, the International Maritime Organization (IMO) has already adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (the ship recycling convention) that contains regulations on safe and eco-friendly ship recycling and dismantlement. However, it has not taken effect for ten years because the requirements for the effect have not been met. In Korea, the research on ship recycling was actively conducted around 2009 when the ship recycling convention was established. Then, its long-term ineffectiveness weakened interest in it. And nowadays, related research is being conducted again. Recently, however, the move for the taking effect of the ship recycling convention is growing with the increase of the demand for the ship dismantlement by IMO’s recently strengthened air pollution regulations and the shipping industry recession, and the growing concerns about the ship dismantlement places below the criteria. Therefore, this paper will examine the legal countermeasure of the ship recycling convention by researching the main contents of the ship recycling convention and studying foreign cases of the ship dismantlement and the ship recycling from a comparative method perspective. Specifically, this paper will present the legal countermeasure by way of researching the current domestic laws related to the ship recycling convention, and then, examining whether the provisions of the domestic law can cover the contents of the convention.