해양안전 확보를 위한 해사안전법의 최신동향 및 입법적 과제

Abstract

The Maritime Safety Act, a representative safety law in the maritime field, was taken from the (former) Maritime Traffic Safety Act through full revision in 2011, and was reorganized as the basic law in the field of maritime safety. Despite this, the Maritime Safety Act still does not fully function as a basic law that encompasses all aspects of maritime safety, and there is a limit to acutely responding to changes in the maritime traffic environment. In particular, rapid changes in the use of marine space and the development of maritime safety technologies require changes and expansion of the existing maritime safety legislation. It is imperative that the systematic and content problems of the Maritime Safety Act are reviewed as a whole to seek a legislative improvement direction throughout the law now that 10 years have passed since the “Maritime Safety Act” was completely revised into the Basic Act. In this paper, the developmental history of the Maritime Safety Act after the full revision in 2011 and recent legislative trends are analyzed. In addition, legal systemic problems inevitably limiting the basic legal functions of the Maritime Safety Act are reviewed, and aspects that support the necessity of reforming the maritime safety law system are derived. With respect to the regulatory matters of the Maritime Safety Act, it was reviewed whether each system was legislated in an appropriate form according to the level of regulatory law, and representative items that need improvement are presented. Based on these discussions, I propose legislative tasks such as the necessity of reforming the Maritime Safety Act and the need to enact laws for the most urgent matters in the field of maritime safety, as well as the necessity of reforming the Maritime Safety Act in order to secure maritime safety in the future. Specifically, the Maritime Safety Act needs to be divided into '(tentative name) Maritime Safety Framework Act' and '(tentative name) Maritime Traffic Safety Act', and (tentative) Maritime Traffic Road Establishment and Management Act needs to be enacted to create a long-term foundation according to new environmental changes. At the same time, matters to be included in the subdivision (draft) and enactment (draft) of the Maritime Safety Act are also presented. These discussions are important in establishing the overall system of the Maritime Safety Act, enhancing the function of the Maritime Safety Act, enabling just and reasonable regulations for maritime safety, and effectively establishing a new legal basis for maritime safety