대행검사기관 코드의 입법론적 연구

Abstract

"RO" means a Recognized Organization(here in after "RO") or other private body carrying out surveys and issuing or endorsing Statutory Certificates of ships on behalf of a flag State.

The inspection and survey of ships shall be carried out by officers of the State whose flag the ship is registered, provided that the Government of each country may entrust the inspection and survey either to surveyors nominated for the purpose or to organizations recognized by it.

The administration apply the existing IMO regulations for RO in order to meet their responsibilities in recognizing, authorizing and monitoring their RO. But these requirements are presently scattered in different IMO instruments, some of which are mandatory, whereas others remain recommendatory and at present no audit scheme exists to verify that these requirements are effectively and uniformly implemented.

Accordingly, MSC 84 had considered a proposal submitted by Austria et al.(MSC 84/22/13) to develop a Code for RO and agreed to include a high-priority item on "Development of a Code for RO" in the work programme of the FSI Sub-Committee, and instructed the Sub-Committee to include the item in the provisional agenda for FSI 17.

Development of a Code for RO suggested by Austria et al.(MSC 84/22/13) should have the objective to assist administrations for meeting their responsibilities in recognizing, authorizing and monitoring their RO, gather all the applicable RO requirements in a single IMO mandatory instrument and amend the existing and applicable legal framework to ensure that the ROs are correctly audited by qualified and independent auditors with respect to the Code.

FSI 17 and 18 considered opinions on "Development of a Code for RO" submitted by many delegations. But many of them are expressed concerns relate to the legal framework for audit that will remove the power of Administrations to audit their ROs.

This study is to arrange the background of discussion, progress of discussion and the necessity of legislation of RO Code.

And this is to understand the requirements for RO based on the IMO instruments to identify areas that are not or not adequately covered by the existing requirements and recommendations of IMO instruments regarding RO.

And this is to describe the administration and RO's rights, duties, responsibilities and settlements of a dispute when legislating the RO code.

Finally this is to identify a suggestion for further developments of RO code expressed by IMO member states and to present methods to securing the effectiveness of the RO Code through the audit scheme.