자율운항선박의 운용을 위한 법적 검토 - LEG 협약을 중심으로 -

Abstract

Due to the remarkable development of technologies such as big data and artificial intelligence, Maritime Autonomous Surface Ships (MASS) are becoming a reality, and the development of technology for remotely operating a ship is being actively carried out in maritime industry. In order to introduce such MASS, the necessary amendment and clarification of the international maritime conventions can be made through the Regulatory Scoping Exercise (RSE), thereby contributing to the creation of conditions for the smooth operation of MASS in the future. In this paper, the research was conducted on 11 instruments under the purview of the Legal Committee (LEG Conventions). First, question on whether the relevant provisions of each convention could be applied without any problem to the MASS operations, or whether any amendment or clarification were necessary was reviewed. As a result, it was identified that no additional work was required, or that, in some cases, the operations of MASS were possible through unified interpretation and amendment of the conventions. The main issues derived from the LEG Conventions can be summarized into definitions and terminology, the role and responsibility of the master, the role and responsibility of the remote operator, legal responsibility, certificates, and other matters. In Degree 1 and Degree 2, since seafarers are on board, it is likely that most of them can be applied to MASS through the development of a unified interpretation. In Degree 3 and Degree 4, in which no seafarers are on board, it is necessary to amend the current conventions or to enact a new instrument on MASS. However, it is necessary to clarify the role and responsibility for newly emerging remote operator or manufacturers of autonomous systems and remote systems. In addition, it seems that definitions of terminology such as MASS and autonomous level are commonly needed and it is necessary to review the clear concept and role of the master, etc. In general, the master is a person responsible for operation of the ship on behalf of the shipowner, and the role can be much important. However, it is necessary to clarify the role and responsibility of these traditional masters, since the master does not board the ship in Degrees 2, 3, and 4. It is necessary to clarify the role and responsibility of new remote operator as well. Through the RSE of the LEG Conventions, the remote operator-related provisions have been identified to a large extent, and it is necessary to clarify the definition, concept, role and responsibility of the remote operator. In addition, as new remote operation systems are introduced, that is, autonomous systems and remote control systems of MASS, it is necessary to clarify whether or not responsibility for manufacturers and system developers is required. In addition, an additional unified interpretation or amendment may be necessary for how to handle the insurance certificate that must be kept on board for the port state control inspection to MASS that does not have seafarers on board.