일본 법령상 선장의 법적 지위 (Legal status of a captain on the Japanese legislation)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 45권 / 1 ~ 38페이지
· 저자명 : 이나경

초록

Regardless of the development of technology, the marine transportation still has unique ocean danger and thus the roles of the crewmen still has an important meaning. Especially, the captain is the person who directs and supervises finally the sailing of the ship in the sea and thus the role of the caption is a problem which is directly related to the ship, life and safety.
Rights and responsibilities of the captain is regulated by various laws. The general rules are that the rights of the captain as a deputy such as the legal ship owner and the public position which regulates the safety and life of the ship are divided.
The captain exercises various rights according to the marine law and such rights are mostly the civil rights provided by the country. If the captain abuses his rights, he shall receive a criminal penalty, however, there is a hard part in processing the damage occurred to the seamen or passengers on board of the corresponding ship as the national liability. Of course that if it is impossible from the seaman or passenger to receive the national compensation, they can ask for the user's responsibility and receive the damage compensation.
It is comprehended that there has been not many cases so far that the captain investigated in person as the special justice police officer sent the case to the prosecution. Even though actual crimes are found, they are being ignored and thus the special justice police officer system for the captain is only a nominal system and only the title remains. Thus, in order to cope with the raid change, the duties of the captain as a judicial police officer should be reestablished.
For example, it is needed to educate the special justice police officers on how to investigate professionally, and the way of establishing the professional training courses that the justice police officers should complete such as composition of investigating documents, how to investigate the related people such as the suspects, request for a warrant, preservation of proof and sending of the case etc for those who wish to become captains as well as the captains who are on board already as captains and letting them complete such courses can be considered. In case that they have completed these professional training courses, they can cope with the crimes occurring on board and perform investigation on the criminals or various crimes and proof investigation according to the related law and this will eventually generate the effect of prevention accidents and punish the perpetuators. Later, studies of newer prospective will be needed about the position of a captain as a justice police officer.

영어초록

Regardless of the development of technology, the marine transportation still has unique ocean danger and thus the roles of the crewmen still has an important meaning. Especially, the captain is the person who directs and supervises finally the sailing of the ship in the sea and thus the role of the caption is a problem which is directly related to the ship, life and safety.
Rights and responsibilities of the captain is regulated by various laws. The general rules are that the rights of the captain as a deputy such as the legal ship owner and the public position which regulates the safety and life of the ship are divided.
The captain exercises various rights according to the marine law and such rights are mostly the civil rights provided by the country. If the captain abuses his rights, he shall receive a criminal penalty, however, there is a hard part in processing the damage occurred to the seamen or passengers on board of the corresponding ship as the national liability. Of course that if it is impossible from the seaman or passenger to receive the national compensation, they can ask for the user's responsibility and receive the damage compensation.
It is comprehended that there has been not many cases so far that the captain investigated in person as the special justice police officer sent the case to the prosecution. Even though actual crimes are found, they are being ignored and thus the special justice police officer system for the captain is only a nominal system and only the title remains. Thus, in order to cope with the raid change, the duties of the captain as a judicial police officer should be reestablished.
For example, it is needed to educate the special justice police officers on how to investigate professionally, and the way of establishing the professional training courses that the justice police officers should complete such as composition of investigating documents, how to investigate the related people such as the suspects, request for a warrant, preservation of proof and sending of the case etc for those who wish to become captains as well as the captains who are on board already as captains and letting them complete such courses can be considered. In case that they have completed these professional training courses, they can cope with the crimes occurring on board and perform investigation on the criminals or various crimes and proof investigation according to the related law and this will eventually generate the effect of prevention accidents and punish the perpetuators. Later, studies of newer prospective will be needed about the position of a captain as a justice police officer.

참고자료

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