항만내 위험물관리의 안전도 제고를 위한 법적 대응방안 = A Study on the Legal Countermeasures for the Safety Improvement of Dangerous Goods Control in Port Area

다국어 초록 (Multilingual Abstract)

At present, about 99% of Korea`s export and import cargo is transported by ship through the harbor, and about 30% of the cargo is classified as dangerous goods, which leads to the high possibility of the occurrence of accidents related to dangerous goods. Since the damages caused by the accidents are greater compared to other incidents, it is required to seek effective measures to prevent damages resulting from accidents related dangerous goods. In a related move, the Ministry of Land, Transport and Maritime Affaires is establishing comprehensive measures in terms of business operation. However, what is more important is to improve the deficiencies of relevant systems. Up to now, technical approaches have mainly been implemented by government to improve the system, but there have been no judical approaches. Accordingly, to deduce handling and storage problems of dangerous goods and improvement plans, we conducted the survey of relevant laws and regulations, focusing on the International Maritime Dangerous Goods Code (IMG Code) of the International Maritime Organization (IMO) and recommendations concerning shipping and handling of dangerous goods in port area. First, the unification of the concept and scope for port area and dangerous goods is required to help avoid the confusion of the general public in consideration of equity to other laws in terms of terminology. In this regard, it is desirable to change the term, an open port specified in the Public Order of Open Ports Act to the term, a trade port in the Harbor Act, subsequently establishing new regulations on the definitions of trading ports and coastal ports. In addition, it is necessary to review the issue of replacing the term, maritime/on the sea with aquatic/on the water that comprises marine and inland waters. As identified above, there were differences between relevant laws and regulations on the national classification of dangerous goods, which leads to a lot of confusion to business operators who perform the safety management concerning storage, custody and transportation of dangerous goods. In Korea`s current regulations, provisions that exclude application to target range and the area of dangerous goods managed between government departments are included. However, more specified classification of the areas is required to improve the efficiency of management in consideration of the characteristics of other regulations. In this connection, Korea needs to make a reference to the fact that foreign regulations related to management of dangerous goods are formulated in the way of avoiding regulatory overlap between provisions and lowering complexity. In this regard, it is required that Korea should establish integrated legal system related to dangerous goods by accepting the contents of international treaties like the U.S.A. so that common standards will be shared in all relevant laws and regulations.