해사법원 설립과 해양안전심판원의 활용방안에 관한 연구

초록

The establishment of a maritime court corresponding to a specialized court is being discussed in connection with accidents occurring at sea. In order to handle disputes fairly and quickly, it is ideal to handle cases in so-called specialized courts equipped with human and material elements. In the case of establishing a maritime court as a specialized court that will be in charge of maritime cases, judges familiar with the legal principles in related fields will quickly deal with maritime disputes, enhancing public confidence in the judiciary and preventing the outflow of costs from resolving maritime disputes. The maritime safety judgment system secures maritime safety by investigating and judging maritime accidents to determine the cause of maritime accidents. The specificity of marine accidents and the expertise of the Maritime Safety Tribunal are key components inherent in Korea's marine accident judgment, and systems related to marine accident judgment should be designed to reflect these specificities and expertise. First, Article 4 (2) of the Maritime Safety Tribunal Act, which stipulates that the Maritime Safety Tribunal can reveal the degree of cause for accidents by those involved in maritime accidents when determining the cause of maritime accidents, is likely to make civil lawsuits of the subject responsible for compensation for damages by requiring the Maritime Safety Tribunal to reveal the degree of cause for maritime accidents. Therefore, it is desirable to delete the maritime safety judgment and civil litigation in that the purpose of the maritime safety judgment is different, and the degree of cause provision for maritime accidents and the ratio of negligence in civil litigation are not necessarily the same concept. Next, the selection problem of members such as professional judges and maritime investigators should also be improved. The number of professional judges should be gradually expanded after recruiting some judges in the maritime court using a system similar to the current family and juvenile judge system. Currently, the Maritime Safety Tribunal operates an investigator system, and if the Marine Safety Tribunal's judgment function is transferred to the Maritime Court due to the establishment of the Maritime Court, a maritime investigator for hearing the maritime case must also be assigned to the Maritime Court.

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