선박충돌사고의 원인 분석에서 항법 적용의 원칙에 관한 소고

Abstract

In the analysis of the cause of a collision between ships, the apportionment of liability may vary depending on the navigation rules applied to the accident, which affects civil or criminal proceedings related to the accident. Therefore, the basic principle of application of navigation rules is important in ship collision accidents. The Korea Maritime Safety Tribunal applies general navigation rules stipulated in the navigation regulations only when both ships approach with considerable time, maintaining the course and speed for a considerable period of time to figure out the other ship’s course and speed and predict what action the other ship will take next. If it is not appropriate to apply general navigation rules because it does not meet these conditions, the rule of good seamanship will be applied. If the collision occurred in the water zone, etc. of trade ports, the navigation rules in the 「Act on the Arrival and Departure of Ships」 will be applied first, and the navigation rules in the 「Maritime Safety Act」 will be applied to the parts not stipulated in the 「Act on the Arrival and Departure of Ships」. When the collision occurred in the Korean territorial waters and waters connected to them, but not in the water zone, etc. of trade ports, the navigation rules in the 「Maritime Safety Act」 will be applied, and if there is no wtitten rules for the case in this law, the rule of good seamanship will be applied. In the analysis of the cause of a collision between ships, determining of time point to start applying navigation rules is important. The time point to start applying navigation rules shall be determined based on the determination of where the risk of collision began to exist, taking into account the point 15 minutes before the collision, and the point where the distance between the two ships became less than 3 miles. An agreement on a change of navigation rules between the two ships are to be legally recognized only when the two sides have fully agreed on the change of navigation rules over a sufficient period of time. And the effect of such an agreement takes precedence over the navigation rules specified in the 「Act on the Arrival and Departure of Ships」 and 「Maritime Safety Act」.