연안여객선 안전공영제 도입을 위한 정책적 제언

Abstract

After the Sewol Ferry disaster, various physical and human regulatory framework such as revision of related laws and regulations and innovation of operation manager system have been strengthened and financial support system were prepared to improve the safety of coastal passenger ships. However, despite many of these institutional improvements and financial support decisions, the safe operation of coastal passenger ships is not guaranteed. This study was carried out to find one promising way to ensure the safe operation of coastal passenger ships. As a result of the study, it was concluded that “there is a need for the introduction of Safety Public Service System of Coastal Passenger Ships.” The Safety Public Service System proposed in this study is a system in which the government bears or supports some or all of the costs in order to ‘promote the safety of the people’ and ‘promote the people’s right to move’ using coastal passenger ships. Thus, it is thought that there is a need to enact a separate special law for the Safety Public Service System. The reason for this is first, where relevant individual laws and regulations are revised little by little to make the legal base, there could be a great possibility that the legislative purpose would not clearly come out and it would not work properly in reality. Therefore the process of clearly declaring the legislative purpose and the purpose of the ‘Safety Public Service System’ through enacting a special law is necessary.Second, there are many concepts needing an accurate definition thereof in the ‘Safety Public Service System’. Concepts such as 'safety', 'safety public service system', 'safety cost', etc. can be sociologically explained, but legally, these are terms requiring precise definition. Therefore, unless relevant terminologies are separately arranged in the existing Marine Transportation Act and Harbor Act, etc., when they suddenly appear in individual articles, there is a great risk that they may not be properly interpreted or narrowly reduced in the enforcement decree or ordinance. In particular, in the case of items accompanying the budget, and the scope of the subject is not clearly defined in the law, it is highly likely to become meaningless concept in reality. Thus, it is necessary to clarify the definition of the concept in a separate special law. Third, in the extension of the recent discussion on constitutional amendments, which emphasized the state's constitutional obligations to ensure individuals' right to safety, the National Assembly and the government, which are components of the state, should clearly declare their willingness to ensure safety of the people internally and externally. Furthermore, from the point of view of making it clear that the State is faithfully fulfilling its responsibility for a safe society, it is thought that enacting a special law for the introduction of the ‘Safety Public Service System’ of coastal passenger ships rather than revising individual laws is a more reasonable way. The budget required to implement this system is approximately KRW 24.1 billion per year. By creating the Safety Public Service System it is worth implementing and enforcing in the viewpoint of a single large-scale coastal passenger ship disaster can be prevented. Today, securing the people's right to safety is recognized as a role that should be given the highest priority among the national responsibilities. Therefore, it is thought that the introduction of the Safety Public Service System to promote the safe operation of coastal passenger ships and the national financial support required for its implementation are meaningful in terms of fulfilling the national responsibility for the Sewol Ferry disaster.