｢자율운항선박 개발 및 상용화 촉진을 위한 법률｣ 개선사항에 대한 고찰: 규제특례 측면을 중심으로 = A Study on Improvements to the Act on the Promotion of Development and Commercialization of Maritime Autonomous Surface Ships(MASS) (MASS Act) : Focusing on Regulatory Exemptions

다국어 초록 (Multilingual Abstract)

This paper aims to propose legal and institutional improvements for effective system operation, focusing on the regulatory exemptions under the Act on the Promotion of Development and Commercialization of Maritime Autonomous Surface Ships(MASS) (hereinafter referred to as the ‘MASS Act’). This study conducted an in-depth analysis of the structure and limitations of the regulatory exemptions, which are the core of the MASS Act, and derived specific improvement measures. To this end, it examined the scope and characteristics of the regulatory exemptions under the MASS Act and identified improvement points through comparative analysis with legislative and policy trends in major advanced maritime nations and similar domestic laws. Analysis revealed that the current legal system operates as a ‘managed sandbox’ structure based on a positive regulatory approach. It faces constraints in providing regulatory exemptions for MASS demonstrations due to limitations such as restricted designated sea areas, prior operation approvals, and the absence of commercialization support systems. Therefore, this study proposes specific improvement measures: transitioning to a negative regulatory system to expand demonstration zones; revising systems to enhance flexibility in safety assessments and operation approval procedures; establishing a national integrated control center for autonomous ships; introducing standard liability insurance clauses and initial insurance support; and revising legal systems for remote operator qualifications and training standards. These improvement measures are expected to accelerate the pace and broaden the scope of domestic demonstrations, thereby lowering barriers to commercialization. Furthermore, by leveraging accumulated data in international standardization discussions, they can contribute to Korea playing a global leadership role in international standard-setting processes, such as those led by the IMO.