해상교통법상 통항분리제도와 법적용에 관한 연구

Abstract

Every country in the world recognizes the importance of the sea which has resources in future. It is needless to say that ocean power is important to the Republic of Korea because of a geographical position that is a peninsula surrounded by sea on three sides and insufficiency of natural resources to improve national wealth and quality of people life through securing marine resource to accomplish national development. The Republic of Korea is surrounded on three sides by sea which plays a key role in the development of national strength. 99.7% percent of our goods(including exports and imports) has been transported all over the world by ships. In order to recognize the importance of sea, and to accomplish national development and growth, various nation′s policies and people′s wills are important. Among them, nation′s policies, for example, laws on marine traffic and marine environment to make seas more safe and clean are the most important.

These days, as the maritime traffic increases all over the world, the rate of maritime traffic casualties is mainly arising from the human errors. Maritime casualties were caused by the factor of seamen's quality and ship's management system rather than that of the safety of hull construction and facilities. The risks of maritime casualties are higher in harbours than ocean, especially in Traffic Separation Schemes. There are marine traffic laws to prevent collisions at sea. The most important, basic and international law is "International Regulations for Prevent at sea(COLREG)" and also special rules are made by appropriate authority for roadsteads, harbour, rivers, lakes or inland waterways. So, within the territorial waters of the Republic of Korea, there is "Marine Traffic Safety Act" as a special rule for safety of maritime traffics, but because of the difference of between international rules and Korea national rules. Harbour users (navigators, pilots, maritime polices, VTS operators and so on) are very confused of applying international law or Korean law to navigation in Traffic Separation Schemes.

In this paper, over 70% of users don`t know or have uncorrect knowledges in this schemes. So it`s needed to make it sure that conduct of navigation in Traffic Separation Schemes for safety in Korean waters and user`s right for preventing collisions.

So, first, I make sure what the principal rule between COLREG and Korean law in TSS in the Republic of Korea is ?

Second, through TSS`s history and in case of another country`s legislation, I try to know local special rule`s characteristic, from this, make it a rule in Korean marine traffic rules.

In the end, It`s useless to apply and inform harbour users in a wrong way, even though we established laws and systems.