해상교통안전진단제도의 법적 고찰

Abstract

The increasing number of ship with high-speed and large-sized ship has resulted in the occurrence of a number of maritime traffic accidents. However, many marine structures are jumbled up together under the good name of national economic growth and ensuring national competitiveness so the safe navigation area for the ship has been reduced.

Furthermore, there have been no regular arrangements to ensure maritime safety coping with such social affairs, and traffic impact assessment only has been implemented using the related marine traffic simulation system and traffic flow data as the need arises.

The Maritime Traffic Safety Law was revised to improve these situations in May, 2009. Therefore, the Maritime Safety Audit(MSA) will be come into force after 6 months in accordance with that law.

The MSA aims to assess the traffic impact by the construction and installation of sea-based structures systematically and technically to ensure the safety of navigation and reduce the maritime traffic accident.

The MSA is composed of similar scheme to the other domestic safety audit system such as a MSA institute registered by government, a evaluation of MSA report by government and a assessment at the predesign step, etc. But the system also has particular characteristics of its own such as a identification step whether the structure needs the MSA or not.

This paper aims to introduce the composition of the MSA system on the legal aspect comparing with the other domestic safety audit system, and to vest the MSA system with adequacy by understanding domestic and foreign traffic safety audit systems. As a result, MSA is the first system in the world which assess the marine traffic impact in legal. And also it is the only domestic legal system to assess the marine traffic impact.

To stable operation of the MSA system which is the objective and systematic audit system, therefore, I suggest some legal complements. First, the Maritime Traffic Safety Law should be the standard law to manage the marine traffic safety in general instead of the National Traffic Safety Law. Second, the stipulated method and standard needs for the 'pre-discussion' step and MSA report evaluation step. Third, the comprehensive data management system needs to be established to develop the MSA system.