해양안전심판원의 재결에 나타난어로종사선의 범위

Abstract

The term 'vessel engaged in fishing' means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability. But in the Korean Maritime Safety Tribunal(hereafter “KMST”), there have been some disputes whether the legal position of “vessel engaged in fishing” is granted for the vessel which is in fishing or navigating for fishing. The study and research on these disputes have been carried out by KMST for long time, and the conclusion was established through the judgements of the cases concerned. Therefore the a standard of judgment for the points of issue could be ascertained by analyzing the judgements of KMST for the cases concerned. One important subject of the disputes is defining the “fishing apparatus which restrict manoeuvrability”. Generally “fishing apparatus which restrict manoeuvrability” means ① altering course or reducing speed is difficult due to the water-resistance by fishing apparatus, ② when if altering course or reducing speed, there could be damage to the fishing apparatus or to the vessel. And when is the time which vessel is presumed engaged in fishing is another subject of the disputes. Not only casting or drawing-in the nets or lines. but also conducting other work, navigating for the fishing or casting/drawing-in sea-anchor is in the process of fishing, is presumed “engaged in fishing” and if that work or navigating restrict vessel’s manoeuvrability, the vessel is presumed “vessel engaged in fishing”. And, although a fishing vessel is in fishing and there is a little restriction on the vessel’s manoeuvrability, if the vessel could keep out of the way of another vessel, that vessel is not presumed “the vessel engaged in fishing”.