A Study on the Qualifications of Designated Person on the Maritime Safety Act

Jin, Ho-Hyun; Kim, Jin-Kwon

Journal of Navigation and Port Research 2013;37(5):519-526.
Published online October 31, 2013.

해사안전법상 안전관리책임자 및 안전관리자의 자격요건에 관한 연구

진호현, 김진권

A Study on the Qualifications of Designated Person on the Maritime Safety Act

Ho-Hyun Jin, Jin-Kwon Kim

Abstract

In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel’s seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)” of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

Key Words: 행정행위의 하자 Maritime Safety Act;Designated Person;Safety Manager;Industrial Safety and Health Act;ISM Code;International Maritime Organization;Human loss