연안항만 입․출항 선박에 대한 항법적용에 관한 고찰

Abstract

The Act On The Arrival And Departure Of Ships limits its spatial application to the water zones of trade ports. According to the strict literary interpretation of the above law, the relevant navigation regulations of the Maritime Safety Act or「the International Regulations for Preventing Collisions at Sea, 1972, hereunder, 'International Rules'」 will be applied to waters excluded from the waters of trade ports. The relevant regulations of the Port Act which restricts water facilities outside the water area of a trade port, which is the scope of the Act On The Arrival And Departure Of Ships, to trade ports managed by the state are legislatively problematic. If so, even if the current interpretation of the law does not directly apply the Act On The Arrival And Departure Of Ships to the local managed trade port, it is reasonable to directly apply or infer the provisions of the Act On The Arrival And Departure Of Ships to the local managed trade port. Also, in light of the legislative purpose of the Maritime Safety Act and international rules, it is not appropriate to directly apply the above laws and rules to coastal ports. Therefore, it is necessary to apply the navigation rules prescribed by the Act On The Arrival And Departure Of Ships by analogy to coastal ports under the Port Act and fishing port under the Fishing Villages and Fishery Harbor Act where marine traffic environments are similar to the trade ports. Regarding the navigational regulations in coastal ports, in a number of maritime safety trials, the judges apply 'the Ordinary practice of good seamanship' as a way to solve the problems of applying the relevant regulations of the Maritime Safety Act and the International Rules. However, this is an escape to the general clause, which is not appropriate. On the other hand, The Excursion Ship And Ferry Business Act and the Fishing Management and Promotion Act, which are included in the broader Maritime Traffic Act, have separate regulations on the navigational rules of the excursion ship, ferry, and the fishing boat. The navigational rules stipulated in the above laws are subject to ships that operate inland waters, not seagoing vessels which is subject to the Maritime Safety Act. Therefore, the relevant provisions of the Maritime Safety Act and the Act On The Arrival And Departure Of Ships are applied to ships operating at sea levels. However, since the navigational regulations of the Maritime Safety Act are not suitable for direct application to coastal ports, and the scope of the Act On The Arrival And Departure Of Ships is limited to water areas of trade ports, there is a problem in that the effectiveness of navigational regulations to be applied to coastal ports or fishing ports where fishing boats mainly enter and depart. Considering that the main contents of the navigational rules stipulated in the Excursion Ships and Ferry Act and the Fishing Management and Promotion Act are in line with the navigation rules stipulated in the laws such as the Act On The Arrival And Departure Of Ships, as a legislative theory, it is necessary to expand application of the navigational rules which is applied to excursion ships, ferry and the fishing boats to seagoing vessels.