船舶安全法上 航行區域制度의 改善에 關한 硏究

Abstract

Navigable Areas System for Vessels was firstly introduced by Vessel safety Ordinance of Japanese Government-General of Korea in 1935 and the same statute had been applied after independence. Above all, because Vessel safety Ordinance that enacted in 1961 was carried on Japanese Statute, the Navigable Areas System that Japan set the area includes Korea in 1966 is using by this time.

There is 4-district system for navigation area in the Korea Ship Safety Act

physical factors of hull, systemic factor for safe navigation and human resources factor, which is main subject for safe navigation. However, every factor that determines the broad seaworthiness abilities is remarkably developed than 1966 and we cannot deny it has big differences with actuality.

Based on the facts, this thesis tried to examine the historical background and progresses that established navigation zone and compare it with present navigation zone system by studying the standard of establishment and also tried to drew the differences by comparing the physical & human matters in those days that enacted the Korea Ship Safety Act and in present. And this thesis researched the systems that was established and forced that did not existed in the past for safe navigation and explained with systemic matters. Its intention is to be the foundation of reliable information when it needs to be amended afterwards.

Harbor district , inshore district , coastal district and ocean. The legislative object of the Korea Ship Safety Act is to secure the physical steadiness, that is, seaworthiness ability for vessel, which is the mean of marine transportation. The Safety for Vessel that regulated by the Korea Ship Safety Act is so-called physical seaworthiness and the restricted objects are hull, engine and equipment. Therefore, Human safety that required by Maritime Law or Maritime Transportation Regulation does not include human seaworthiness.

So, Physical seaworthiness for vessel regulated by the Kora Ship Safety Act only means hull, engine and equipment and set the basic required standard for facilities in vessel during the voyage.

The standard is the minimum standard that maintains the seaworthiness ability during the voyage in the Ocean. And the Korea Ship Safety Act is enforcing the administrative control that enlarge the seaworthiness ability with the methods to control the navigation area of relevant vessel by taking above general seaworthiness as the standard and then add the factors such as length & speed of vessel. The meaning of vessels seaworthiness, however, is physical seaworthiness for vessel and also it covers human seaworthiness including qualification and capability of sailor. Especially, the meaning of vessels seaworthiness in Marine Transportation is broad including above both two factors. The Korea Ship Safety Act is regulating only physical seaworthiness of vessel and the human seaworthiness is regulated by Regulation for shipping employees and the Korea Seamen Act.

As a result, seaworthiness of vessel that is decisive factor to set the navigation zone could be established with broad concept