Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal show...
Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.
Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.
네오블루호의 선장은 개항질서법상의 항로에서 추월하는 것을 금지한 항법을 위반하였으며 (제 13조 제1항 제4호) 또한 그 전에도 인천항 제1항로내에서 모레운반용 예인선열을 추월한 적이 있었다는 점도 고려되어야 할 것이다. 그리고 여기에는 컨테이너선 등 추월의 필요성이 있는 선박이 아니기 때문에 이러한 항법위반에 대하여는 엄격하게 해석할 필요가 있다.
인천지방해양안전심판원은 싱광7호에 대해서 무엇을 강조하고 있는가?
한편 인천지방해양안전심판원은 싱광7호에 대해서는 네오블루호의 항법준수를 전제로 한다는 점을 강조하고 있으며, 도선사가 네오블루호와 매우 가까이 접근된 상태에서 네오블루호의 진로 전방으로 대각도 좌변침한 도선사의 행위와 경계 의무소홀에 대한 과실을 인정하고 있다.
선박충돌사고는 개항의 항계와 관련된 항로내․외부에서 집중적으로 발생한다고 본 이유는?
개항의 항계 안은 항로가 지정되어 있고, 선박이 목적항에 도착하기 위하여 항만 입구에 접근 하면 선박교통이 증가하고, 항내는 가항수역의 폭이 좁아지며, 방파제 등으로 인하여 통항이 어렵다. 또한 선박교통이 이러한 개항의 항계내에 폭주하는 특징을 지닌다. 따라서 선박충돌사고는 이러한 개항의 항계와 관련된 항로내․외부에서 집중적으로 발생한다.
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