우리나라 VTS 制度의 立法論的 硏究

Abstract

In order to accomplish the purpose of “Safety First” and marine environment protection and effective ship control, VTS(Vessel Traffic Service) is used in all the ports and waters by means of system to decrease and prevent to possible managerial · environmental accidents. Through watching for the prescription and comparisons with advanced countries to enhance domestic law, the problems and new plans will be discussed. This research consists of 5 chapters.

The purpose and method of research are described in the first chapter and foreign and domestic law about VTS will be examined in the second chapter. To begin with, UNCLOS (United Nations Conferences on the Low of the Sea) suggested as a direction of ocean elemental policy will be inspected and VTS established and managed by IMO (International Maritime Organization) which plays significant role as a law court to execute International Maritime Convention will be examined as well. Furthermore, as for VTS regulation, Enforcement Ordinance and Law, Enforcement Decree, Enforcement Rule and Directive will also examined. Moreover, legislation of Hong-Kong, U.S.A., and England in accordance with operation of VTS will be inspected. Through the legislation of those main countries that it is not only possible to understand how they operate it. but also possible to compare the system between those main countries and Korea.

In the third chapter, problems related with individual responsibilities and operation of VTS will be discussed. On the problem of personnel for Vessel Traffic Services performance about those responsibility of compensation, regulation of personnel for Vessel Traffic Services responsibility, general idea of aggressive controlling, and problem of VTS operation are indicated as controversial points and the back-up plan will be examined.

Chapter four will be focused on problem of VTS’s governmental compensation responsibility. With general inspection of liability of a reparation for damages from government, contents of applying the liability of a reparation for damages from government are examined and specific application by intervention of distinctiveness of marine work in VTS’ liability of a reparation for damages from government will be inspected. As applying Master’s the final liability for the safe navigation, what is relationship between Master and pilot having big difficult to apply international tradition is considered.

In the chapter 5, based on the above discussion, legislative solutions are suggested. There could be several possible ways to improve the law. Therefore, as a back-up plan, it is entirely possible that VTS is included in Sea Safety Management Act and to make special act for Vessel Traffic Services, and complementary plan for legislation will mainly discussed and suggested if the case that recent law system is maintained. Finally, author’s opinion is suggested about it.