항해일지 기재에 관한 선원법의 입법론적 개선방안

Abstract

Generally, vessels employed in international navigation are required to keep and to make entries in log books that record every activity on board. The entries of the log book are admissible in courts and are regarded one of the most important evidence. Considering the importance of the log book entries, many countries have detailed provisions on what and how to make entries. International conventions such as SOLAS require vessels to make records regarding the events related to navigation. At port state control, port state control officers check the log book entries whether the vessel had emergency drills and had examined safety equipment in accordance with the relevant conventions. On the other hand, log books are treated in Korea as one of the document that vessels are required to keep on board under the Seafarers’ Act; there are not enough provisions in the Act how to make proper entries in log books. There seems to be a big gap between international and Korean understanding on the evidential importance of log book entries. Poor entries in the log might cause Korean shipowners to pay millions of dollars in court. To find out what the Korean Seafarers’ Act needs to be supplemented in its provisions, the author analyses the legal systems of some maritime nations on log book entries. Taking into account of the best practice of the international maritime community, the author proposes an amendment to the Act as a conclusion.