해묘를 놓고 있는 선박의 항법상 지위에 관한 고찰 - 해양안전심판원의 재결을 중심으로 -

Abstract

Many vessels fishing in the waters of Far East Asia, including Korea, use bright fish-luring lights that are activated after laying sea anchor. Winter cutlass fishing vessels operate similarly to the cuttle fishing vessels in the Coast of Korea. The legal status of any vessel fishing while laying a sea anchor is not explicitly stipulated in the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereafter referred to as ‘COLREG’) and the Maritime Safety Act. The Japan Maritime Casualty Tribunal classifies such fishing vessels as a power-driven vessel underway in accordance with sailing rules, and also a vessel laying sea anchor. However, the Korea Maritime Safety Tribunal judges it as a vessel at anchor, power-driven vessel underway, temporarily drifting vessel, vessel laying sea anchor, vessel restricted in her ability to manoeuvre or vessels engaged in fishing, and so on. In terms of the legal status of any vessels fishing while laying a sea anchor, the Korea Maritime Safety Tribunal has a common view that a sea anchor must be installed on the catching vessel for fishing purposes, with the vessel being restricted in her maneuverability as required by sailing rules. However, it is believed that they reached a different conclusion regarding the extent to which vessel fishing while laying a sea anchor impacts compliance with the sailing rules stipulated in COLREG and the Maritime Safety Act. In 2011, the Central Maritime Safety Tribunal judged that the No. 3 Sangmu which is fishing laying sea anchor, was a vessel engaged in fishing. However, the Regional Maritime Safety Tribunal determined otherwise, designating the vessel as a power-driven vessel underway(temporarily drifting vessel). This study analyzed marine accidents on vessels laying a sea anchor based on the judgments of Korea Maritime Safety Tribunal. As a result, from the point of view of legal stability and purpose, I suggested that the term “vessel laying sea anchor” should be defined newly and a vessel laying a sea anchor for fishing or waiting for fishing should be included in “vessel engaged in fishing” through the amendment of the Maritime Safety Act.