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해사안전법상 난파물 제거 제도와 그 개선방안Legal Issues of the Wreck Removal System in Korean Maritime Safety Act
- Other Titles
- Legal Issues of the Wreck Removal System in Korean Maritime Safety Act
- Issue Date
- 2012
- Publisher
- 한국경영법률학회
- Keywords
- 난파물(Wrecks); 난파물제거협약(Wreck Removal Convention); 해사안전법(Maritime Safety Act); 직접청구권(Direct Action); 배타적 경제수역(Exclusive Economic Zone); 선박소유자책임제한(Shipowner' s Limitation of Liability); 선박소유자(Shipowner)
- Citation
- 경영법률, v.22, no.2, pp.317 - 347
- Indexed
- KCI
- Journal Title
- 경영법률
- Volume
- 22
- Number
- 2
- Start Page
- 317
- End Page
- 347
- ISSN
- 1229-3261
- Abstract
- Wrecks impede the safe navigation of the vessels. Republic of Korea has several Act regulating wrecks at sea. These Acts are very confusing in finding out the obligor. In addition, these Acts do not have any mechanism to collect the expenses incurred for removing the wrecks from the ship owners. The Korean government inserted several provisions in the new 2011 Maritime Safety Act in order to unify the wreck removal system. It tried to include the financial security system to collect the expenses resulted from the wreck removal operation from the shipowner and the financial security provider such as P&I club. However, the Act does not impose compulsory obligation of the financial security upon the ship owners. The authors analyse the new 2011 Maritime Safety Act and suggest to adopt the Wreck Removal Convention and insert several new articles.
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