해사안전법상 음주운항 대상이 되는 선박에 관한 몇 가지 문제점과 개정방향

Abstract

In order to prevent accidents caused by drinking on the surface of the water, the Maritime Safety Act prohibits drunk driving and stipulates criminal punishment in case of violation. However, the Maritime Safety Act stipulates that ships subject to drunk driving are referred to as ships under the Ship Staff Act, the Ship Safety Act and the Fishing Ship Act are referred to as ships, and the Maritime Safety Act again stipulates that some of these ships are added or excluded.
 The reason for this complexity is that the Maritime Safety Act stipulates that ships subject to drunk driving are 'vessels under the Ship Staff Act'. This is because the Ship Staff Act is a law on ship employees, so ships that cannot be boarded by ship employees are not subject to the Act.
 Therefore, the best way would be to specify the standards for ships that are drunk driving in the Maritime Safety Act. As a way, it is considered reasonable to judge the standard for punishing drunk driving while using the concept of ships under the Maritime Safety Act based on whether or not to use power, not the total tonnage. This is because prohibiting drunk driving requires prompt action when a risk occurs during ship operation while drunk. In other words, alcohol degrades a person's ability to act and does not operate the machine properly, resulting in a high risk of accidents. Therefore, I would like to propose to use the standard of punishment based on whether or not to use power, not the total tonnage.
 If this revision is made, not only start-up ships but also ships subject to drunk driving crimes can be punished for drunk driving regardless of nationality. Moreover, even if the Ship Staff Act, the Ship Safety Act, and the Fishing Boat Act are revised, the scope of ships subject to drunk driving is not affected, and the scope of ships or punishment regulations may be revised independently.