어선안전에 관한 국제협약의 동향과 우리나라 대응방안 (1993년도 토레몰리노스 어선안전협약 의정서를 중심으로)

Abstract

Fishing has always been, and continues to be a dangerous occupation. While risk will always be an inherent part of fishing, measures to reduce risks at sea have had some success, particularly in the technologically advanced parts of the world.

Nevertheless, fishing still holds the record as the most dangerous occupation pursued by man.

One of the basic obstacles to improved safety is the fact that, in most places, safety measures have been carried out on a voluntary basis.

Regulations covering the construction and equipment of larger vessels generally exempt vessels under 24m and in most countries safety education and training are still not obligatory.

In this paper it is argued that safety at sea should be reinforced 1993 Torremolinos Protocol('93 Protocol') by IMO(International Maritime Organization) with regulations amendment.

Many international laws and regulations on international fishing vessels safety including '93 Protocol and Work in fishing convention 2007(ILO Convention No.188) by ILO(International Labour Organization) have significant impact on national fishing industry because they are of mandatory nature that it is almost impossible for the fishing vessels to navigate & operate without complying such regulations, furthermore scope of such regulations may expands even to small fishing vessels.

Accordingly, considering such impact, most advanced countries in maritime and fishery industry actively involve from the legislative stage of such regulations and carefully review before rectification or reservation even after entering into any related conventions.

In contrast, Republic of Korea('ROK') holds poorly structured system for its fishing vessel that it is not even a member of most international conventions on fishing vessels and the international maritime conventions regarding on fishing vessels safety and training rectified are not under appropriate management.

However, The '93 Protocol has serious defect to be applied internationally because at the time of drafting, only European standards for fishing vessel types and working area conditions were taken into consideration. Also 1974 SOLAS(International convention for the safety of life at sea by IMO) which was the parent-body of the '93 Protocol was established 14 years ago that it does not rightfully represent present maritime environments.

IMO strongly demands its member countries to rectify the '93 Protocol but perceiving such problem, it also promotes new enactment or amendment of the '93 Protocol and enactment of ILO Convention No.188 is expected to accelerate such process.

In order for ROK to actively participate in such international trend, it is recommended that ROK, above all, advocates amendment of the Protocol. Detailed action plans can be as follows

lastly, in long-term view, it should step forward to organize Pan-Asian forums for the fishing vessel safety to further systematically cope with the European countries logic.

Firstly, ROK should closely observe to understand the trend of international institutes in relation to maritime and fishery industry and continuously study on such movement. Secondly, organize international forums consisting of experts on fishing vessel safety from ROK, China and Japan in order to give organized response to any changes or movement of such institutions