Recent developments in the shipbuilding industry and changes in maritime transport have led to larger ships and denser port traffic. These factors have significantly increased the risk of pilotage accidents, making safe pilotage and accident preventio...
Recent developments in the shipbuilding industry and changes in maritime transport have led to larger ships and denser port traffic. These factors have significantly increased the risk of pilotage accidents, making safe pilotage and accident prevention more important than ever. Although maritime pilots perform a vital public service for national maritime logistics, the current Korean legal system does not clearly define the scope of their civil liability. As a result, individual pilots, who operate as private practitioners, face the risk of harsh and unlimited liability. This risk not only discourages pilots from performing their duties but also reduces port efficiency and threatens the stability of the entire maritime safety network. This study re-evaluates the role of the pilotage system and the legal status of pilots. It analyzes the legal weaknesses of the current system, which relies only on private pilotage terms. Based on the "nautical assistant theory" followed by courts and the nature of pilotage contracts, this research argues that pilots should be protected from financial ruin caused by small mistakes while maintaining their professional independence. Furthermore, this study compares the laws of leading maritime nations, such as the UK, USA, France, Germany, Japan, and Singapore. It confirms that these countries already limit pilot liability by law, following an international trend. In contrast, Korea still relies on unstable private contracts, leaving pilots in a vulnerable position. Therefore, this paper proposes adding specific liability limits to the Pilotage Act and clearly defining "gross negligence." It also suggests making professional liability insurance mandatory and creating a compensation fund to protect victims under the compulsory pilotage system. The legislative plans proposed in this study will reasonably distribute the risk of enormous damages that individuals cannot afford. This will help pilots work with more stability and eventually improve the reliability of national port operations and maritime safety. Keywords : Pilotage Act, Maritime Pilot, Compulsory Pilotage, Pilotage Contracts, Limitation of Civil Liability, Pilotage Terms and Conditions.