선박법상 선박공시제도의 일원화에 대한 연구

Abstract

Regarding the purpose of the Ships Act of Korean, it is stipulated in article 1 that the first is relating to the nationality of ships, measurement and registration of tonnage of ships and the second is ship registration system, and the last is to maintain the maritime order, protect the interests of the state and contribute to the improvement of the national economy. However, the main purpose of the Ships Act of Korean is to require ship registration and registration as a necessary condition to issue a ship nationality certificate in order to establish the legal definition of ship and to establish the rights and obligations as a Korean ship. In this way, Korea's ship registration system consists of ship registration and registration. Ship registration is a private act in the civil law, and it has the effect of disclosing the private rights relation to the ship. Registration is an administrative act to the government. As a result of which, Korea's ship registration system is divided into legal registration and registration in government, and legal regulating it are scattered not only in maritime law but also in ship registration law, real estate registration law, and international ship registration law. Under the above circumstance, the ship registration system is divided into legal registration or registration in government according to the size or use of the ship, causing confusion to the interested parties about the ship. However, these different registration come from hindering speed trading of vessels and consuming additional costs, and resulting in unnecessary economic waste.

There are some countries such as the United States, the United Kingdom, and the Netherlands, which are executing a single registration system for the administrative convenience of each country, and but some countries such as Japan and France, which have implemented dual systems like as Korea. This is because the ship disclosure system is a legal policy issue.

This paper is composed of 5 chapters in total. Chapter 1 describes the background and purpose of the study, its content and method of research.

In Chapter 2, We analyzed the purpose and history of the Ship Act of Korean, the definition of the ship in this article, and the definition of the ship in the other maritime regulations. We also examined the registration system of automobile, construction machinery and aircraft saw.

In Chapter 3, Supreme Court Decision 2014 d 21410 Decision 2015 March 12, 2015, the relevance to ship registration system and implications were examined.

In Chapter 4, the problem of ship disclosure system in the current ship law is found out by looking at the foreign ship disclosure system, and suggested ways to improve the ship disclosure system.

Finally, Chapter 5 summarizes the previous review and describes the problem of the ship disclosure system in the current ship law and the necessity of improvement plan.

Finally, we review the issues related to the dualization of ship registration system in the Ships Act, and analysis the registration system of automobiles, construction machinery and aircraft, and comment on the decision of the Supreme Court Dec 31. And finally to suggest ways to improve the registration system of Ship Act through the above foreign countries registration system.