船舶安全法 제67조의 立法論的 問題點 (Problems on legistaltion of Ship Safety Act Article 67)

서지정보

· 발행기관 : 동아대학교 법학연구소
· 수록지 정보 : 동아법학 / 47호 / 55 ~ 87페이지
· 저자명 : 이상천

초록

The non-adaptation of ‘principle of liability with fault’ shoud be exceptional. It is be discrepant from eqity and justice. It leads to the relaxation of public order.
The original meaning of ‘principle of liability with fault’ is the justifying ground of the restrictive interpretation of “private persons entrusted with public duties” on State Compensation Act.
Ship Safety Act Article 67 (Liability of Compensation of Agency) lays down as follows.
(1) When the Authority, the classification corporation, an agency for examination, etc. of containers and an agency for inspection, etc. of dangerous articles (hereinafter referred to as an “agency for inspection”) cause damage to third parties illegally in performing the affairs of the relevant agency, the State shall compensate such third parties for such damage.
(2) With respect to the compensation for damage under the provisions of paragraph (1), the State may claim the relevant agency for inspection for indemnification when there is an intention or gross negligence by the agency for inspection.
(3) The claim for indemnification against the agency for inspection under the provisions of paragraph (2) shall be limited to the amount prescribed by Presidential Decree.
The above Article means that the State shall compensate such third parties for such damage. It is unfair and not justified that the agency for inspection which comitted errors doesn't answer fot them.
The principle of liability with fault enables the agency to lower and prevent the faults, and to alliviate the finantial load of governments.
In consideration of the agency's finantial condition, the law should limit the maimum of its liability. Within the limit the agency shoud cope with its liability.
To make up the shortage of its liability, the agency should have the liability insurance by compulsion.
The expansive adaptation of State Compensation Act should be restricted reasonably, and Ship Safety Act Article 67 should be revised at once.

영어초록

The non-adaptation of ‘principle of liability with fault’ shoud be exceptional. It is be discrepant from eqity and justice. It leads to the relaxation of public order.
The original meaning of ‘principle of liability with fault’ is the justifying ground of the restrictive interpretation of “private persons entrusted with public duties” on State Compensation Act.
Ship Safety Act Article 67 (Liability of Compensation of Agency) lays down as follows.
(1) When the Authority, the classification corporation, an agency for examination, etc. of containers and an agency for inspection, etc. of dangerous articles (hereinafter referred to as an “agency for inspection”) cause damage to third parties illegally in performing the affairs of the relevant agency, the State shall compensate such third parties for such damage.
(2) With respect to the compensation for damage under the provisions of paragraph (1), the State may claim the relevant agency for inspection for indemnification when there is an intention or gross negligence by the agency for inspection.
(3) The claim for indemnification against the agency for inspection under the provisions of paragraph (2) shall be limited to the amount prescribed by Presidential Decree.
The above Article means that the State shall compensate such third parties for such damage. It is unfair and not justified that the agency for inspection which comitted errors doesn't answer fot them.
The principle of liability with fault enables the agency to lower and prevent the faults, and to alliviate the finantial load of governments.
In consideration of the agency's finantial condition, the law should limit the maimum of its liability. Within the limit the agency shoud cope with its liability.
To make up the shortage of its liability, the agency should have the liability insurance by compulsion.
The expansive adaptation of State Compensation Act should be restricted reasonably, and Ship Safety Act Article 67 should be revised at once.

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