케이프타운協約의 國內導入을 爲한 問題點 및 改善方案

Abstract

Fishing vessels continue to have one of the worst safety record of any industry, yet have largely remained outside of the International Convention for the Safety of Life at Sea(SOLAS) that body of international safety measures mandated by IMO for cargo shipping, and which have been responsible for significant improvements in cargo ship safety and the reduction in casualties and loss of life. The fishing industry not only has a poor record of accidents and loss of life, but also loss of fishing gear which causes long term environmental damage. The absence of global and binding regulations generally in the fishing sector is also a cause of the sector's poor performance and reputation, not just in safety but also in IUU fishing, crew conditions and illegal activities. It is in these areas that the IMO has adopted new global legislative measures for fishing vessels that await ratification by their member governments before they can enter into force.

The Capetown Agreement of 2012(the successor treaty to the Torremolinos Protocol), which deals with the design, construction and equipment of fishing vessels, is being consulted on separately. The convention came into force internationally on 29 September 2012 and applies to fishing vessels of 24 meters or more in length operating outside the inshore outside 12 nautical miles. The convention sets standards for : the certification of skippers, engineer officers and radio operators ; the basic training required for personnel on fishing vessels to which the convention applies; and watchkeeping.

It is the first international instrument to establish basic requirements on training, certification and watchkeeping for fishing vessel personnels.

Internationally, the convention is expected to reduce death and injury rates in the global fishing industry by mandating training and safety requirements for crews.

This dissertation will compare the 2012 Capetown agreement with the Korean national law of fishing vessels considering problems and improvements.