좁은 水路의 定義와 航法 適用에 대한 硏究

다국어 초록 (Multilingual Abstract)

The concept of a narrow channel plays a critical role in determining the applicability of navigation rules and the allocation of collision avoidance responsibilities. However, Rule 9 of the International Regulations for Preventing Collisions at Sea (COLREGs) and the Korean Maritime Traffic Safety Act fail to provide a clear legal definition, resulting in ongoing ambiguity in legal interpretation and practical enforcement. Consequently, discrepancies between court judgments and the decisions of the Korea Maritime Safety Tribunal (KMST) have undermined the predictability and legal stability for mariners.
This study aims to comprehensively redefine the legal and technical criteria for the narrow channel rule. Focusing on the collision between Halim Ferry 9 and the fishing vessel Minho, it integrates domestic and foreign case law, KMST decisions, the IMO Resolution MSC.137(76) on ship maneuverability standards, and actual sea trial data. The methodology combines legal interpretation with quantitative assessmentsof maneuvering performance indicators—such as tactical diameter, advance, and track reach—while considering environmental variables including channel width, current, wind, and traffic density.
The analysis reveals that Korean court judgments tend to rely on geographic and visual factors, whereas the application of IMO-based performance metrics allows for more objective evaluation of the relationship between navigable width and maneuvering margin. Based on this approach, the study proposes a quantified “15L criterion”—a navigable width equal to fifteen times the vessel’s length—as a reasonable standard for defining narrow channels. Comparative analysis of the United Kingdom, Japan, and the United States demonstrates that these jurisdictions integrate maneuverability-based technical standards into harbor design or administrative guidance, providing valuable insights for Korea’s institutional reform.
Furthermore, this research recommends incorporating technical criteria into statutory definitions, harmonizing interpretations between courts and the KMST, and introducing maneuverability-based evaluation systems into navigational training and regulation. Through this integration of legal reasoning and ship-handling data, the study contributes to enhancing the consistency and predictability of maritime adjudication, strengthening the linkage between law and technology, and advancing a coherent and safety-oriented maritime governance system.
Keywords: narrow channel, COLREGs Rule 9, ship maneuverability, tactical diameter, track reach, 15L criterion, comparative maritime law, Korea Maritime Safety Tribunal, legal stability, legislative reform