해사안전법 제96조의 적용상 쟁점과 개선방안

Abstract

Convention on the International Regulations for Preventing Collisions at Sea adopted in 1972 for the purpose of preventing collisions of ships at sea is accepted as a domestic law called the Maritime Safety Act. In particular, Rule 2(Responsibility) of the Convention on the International Regulations for Preventing Collisions at Sea is set forth in Rule 96 of Maritime Safety Act. However, in the process of adoption as domestic law, the absence of ordinary practice of seaman and the requirements for immunity of seafarers are different from those of the Convention. Many issues are being raised. These responsibility rule stipulate the neglect of any precaution of the captain, navigator and pilot who are the culprits, and since they are the basis for punishment in the event of a marine accident, interpretation and application of the law is of paramount importance. Therefore, this paper, the issues related to the application of Rule 96 of the Maritime Safety Act are reviewed with a focus on Rule 2 of the Convention on the International Regulations for Preventing Collisions at Sea, and amendments to the Maritime Safety Act are presented to improve them.