Maritime and aviation accidents are distinguished from ordinary traffic accidents in that access to accident sites is often difficult and the investigation of accident causes requires highly specialized data and technical interpretation. In maritime a...
Maritime and aviation accidents are distinguished from ordinary traffic accidents in that access to accident sites is often difficult and the investigation of accident causes requires highly specialized data and technical interpretation. In maritime accidents, navigation records, communication records, ship inspection records, meteorological data, and search and rescue records are important materials. In aviation accidents, flight data recorders, cockpit voice recorders, air traffic control records, and maintenance records serve as key materials. Although such materials are essential for public investigation agencies to determine the causes of accidents and establish measures to prevent recurrence, their highly professional and technical nature makes it difficult for accident-related parties to understand their meaning and use them in subsequent procedures.
Korea’s maritime and aviation accident investigation system has an institutional basis under relevant laws, including the Act on the Investigation of and Inquiry into Marine Accidents, the Ship Safety Act, the Aviation Safety Act, the Act on the Investigation of Aviation and Railway Accidents, and the Framework Act on the Management of Disasters and Safety. The Korean Maritime Safety Tribunal, the Korea Coast Guard, the Aviation and Railway Accident Investigation Board, the Ministry of Land, Infrastructure and Transport, and other related agencies perform accident investigation and response functions in accordance with their respective laws. However, the function of organizing publicly available materials into an understandable form and structuring accident-related issues into legal, insurance, technical, and administrative categories for expert review and subsequent procedures has not yet been sufficiently institutionalized.
Against this background, this study examines the limited use of maritime and aviation specialized private investigators as a complementary measure for optimizing the maritime and aviation accident investigation system. Maritime and aviation specialized private investigators are not entities that replace accident investigation agencies or investigative authorities, nor are they professional groups that compete with existing experts. Their role lies in collecting and cataloging lawfully disclosed materials and materials held by accident-related parties, arranging the facts before and after the accident in chronological order, and classifying major issues by field so that they may be connected to expert review.
However, the scope of work and prohibited acts of specialized private investigators must be clearly defined. Specialized private investigators should not engage in official determinations of accident causes, compulsory investigations, on-site forensic inspections, unlawful collection of non-public materials, arbitrary securing of evidence, legal counseling, litigation representation, insurance loss adjustment, or psychological treatment. Their work should be limited to organizing publicly available materials, cataloging possessed materials, preparing factual timelines, drafting issue tables for expert review, providing guidance on investigation procedures, and connecting relevant experts.
In addition, the introduction of a maritime and aviation specialized private investigator system requires a professional training system and an operational model. Maritime and aviation accidents are complex incidents involving various fields such as law, insurance, navigation, aviation, meteorology, and search and rescue. Therefore, specialized private investigators need education in relevant laws and regulations, accident investigation procedures, analysis of publicly available materials, personal information protection, prevention of evidence contamination, and interview ethics. As operational models, a roster system for specialized private investigators, case-by-case assignment, cooperation with related agencies, and collaborative models with attorneys, insurance loss adjusters, and technical experts may be considered in stages.
In conclusion, the optimization of the maritime and aviation accident investigation system should not be understood as weakening the authority of public investigation agencies or transferring accident investigation authority to the private sector. Rather, it should be discussed as a way to maintain the independence and expertise of the public investigation system while enhancing the understandability and usability of investigation procedures through the organization of publicly available materials and the structuring of key issues. The maritime and aviation specialized private investigator system has significance as a limited and public-interest-oriented utilization model capable of performing such functions. This study is meaningful in that it presents the possibility of utilizing specialized private investigators as a complementary measure for the maritime and aviation accident investigation system. Since this proposal is not a fully established system under current law, it should be reviewed gradually through legislative discussions, pilot projects, the design of specialized education programs, and the establishment of ethical control standards.
Keywords: Maritime Accident, Aviation Accident, Accident Investigation System, Optimization of Investigation System, Analysis of Publicly Available Materials, Issue Structuring, Maritime and Aviation Specialized Private Investigator, Utilization of Private Investigators