선박 주취운항 관련 법령의 개정방안 연구

Abstract

The majority of trade in Korea is centered on international trade rather than local demand. Because of the topographical features of the sea on its three sides, most of the trade is carried out by sea transport. In recent years, there has been an increase in marine accidents due to the growth of the marine leisure industry, offshore fishing, and deep-sea fishing. Given that property damage and mortality are significantly higher in maritime drunk accidents than in land-based ones, it is thought that drastic remedies are required. It takes the shape of a single legal system centered on the Road Traffic Act when it comes to drunk driving, independent of the use of the vehicle, the area, the size of the driving, etc. In the case of marine drunk driving, depending on the purpose of use of the vessel, the location of the operation, and the size of the vessel, the Marine Safety Act, the Water Leisure Safety Act, the Cuise ship and Ferry Business Act, and the Fishing Management and Raising Act are applicable. The lack of uniformity in the marine drunk driving requirements, the authority for punishment and enforcement, etc., is an issue as a result. In this way, it seems necessary to solve the problem in that it goes against the principle of proportionality or appropriateness in the effectiveness and punishment of enforcement, because the punishment is different or the enforcement authority is limited despite the same drunken operation depending on the location, size of the vessel, and the purpose of use of the vessel. Therefore, the related regulations for drunken operation are considered and the purpose is to solve the problems in this paper. Consequently, it is intended to solve the problem of coherence related to drunken operation and derive a unified revision to prevent accidents of drunken operation and to provide equitable punishment by allowing the contents of each law to be unified and by deriving the consistency of each related law which the actual condition of drunken operation is reviewed, and the standards, prohibitions and penalties for drunken operation related to the current drunken operation are considered through each law in this paper.