해양오염사고 조사제도 개선방안에 관한 연구

Abstract

Republic of Public of Korea is the Country which has faced sea on East, west and South and Korea's commercial trade is ranked 9th in the world according to the report of UNCTAD so, Korea depends on the sea-borne transportation largely. In particular, the Crude oil carrier and the oil product carrier has large portion of international trade in Korea following Korea's industries type. In this regards, Korea has really high risk on the marine pollution by the marine casualty and pollutant handling.

Marine incident which is caused to pollution has 3 of special distinction. First thing is large-scaled impact. Following the characteristic of marine pollutant, the pollutant moves and spreads rapidly and then contaminates the sea and shorelines, this consequently causes the severe damage. Second thing is that this is recognized as catastrophic incident which may be occurred at sea. In case of Korea, there are several serious damage by large-scaled oil spill incident such as M/V Sea Prince incident and Hebei Spirit incident. By these kind of pollution casualty, Significant Spill is clearly defined as national disaster in relevant law. Third thing is pollution damage is easy to become the target of criticism The shore in R. Korea is utilized very much because there is high population as well as fishery and tourism industry is developed so that they are using the shoreline. Plus, it is necessary to focus that general people think that marine environment is public goods which must be possessed by all of people rather than personal property, this means that all of people may have high concerns on the pollution of sea and shoreline as well.

In consideration of marine pollution characteristic and past large scaled pollution incident experience, It is really important that pollution investigation should be conducted in order to find the cause of the incident and feedback to the preventive measure as well as response operation. And as a part of preventive measure, it is necessary to consider the method not to happen the incident again by same reason through throughly investigation.

However, although Korea government conducts the these kind of pollution investigation by Korea Coast Guard department of Ministry of Public Safety and Security and Regional marine and fishery authority and KMST of Ministry of Ocean and Fishery, Investigation of Korea Coast Guard is focusing on criminal aspect and another organization's operation is focusing on marine transportation and ship's safety aspect. So, feedback to preventive policy and result of investigation is not closely related.

So, it is necessary to consider marine casualty investigation scheme of other countries such as United States, United Kingdom and Japan and Other organization's investigation system and regulation. In particular, fire investigation, environmental special police scheme and exclusive accusation right. Pollution investigation need to some condition such as legal decision ability, technical specialty . And in order to determine the method and scale of the incident response operation, it may be reasonable administration investigation rather than criminal investigation. And in consideration of criminal policy on the polluter, it is necessary to introduce the exclusive accusation right. By this scheme, the polluter, who conduct one's fullfilled responsibility, may be taken exemption from accusation.

Therefore, in this paper, the pollution investigation scheme which purpose is to identify the pollution cause, is developed by studying the some item. First is the organization that pollution investigation is performed most effect in consideration of the past experience, technical and legal fundamental. Second is the appropriate right to conduct the investigation such as surveying the paper, questioning, surveillance, audit, requesting attendance. In addition to this, these new scheme should develop legal system through establishing the new law or revision of existing marine environment management act including the proper right, reasonable procedure, feedback system and exclusive accusation right. If this new pollution investigation scheme settle down clearly, it will be good practice for marine pollution prevention and rapid response.