{"title":"对违反警戒义务事由比例分布的贡献程度研究——以中央海事安全法庭的判决为中心","authors":"Chul-Hwan Lee","doi":"10.58316/kamts.2022.1.1.103","DOIUrl":null,"url":null,"abstract":"For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations. \nAlthough it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.","PeriodicalId":167106,"journal":{"name":"The Korea Association of Maritime Transportation Studies","volume":"8 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A study on the degree of contribution to the distribution of the cause ratio of the breach of the duty of vigilance -Focused on the decision of the Central Maritime Safety Tribunal-\",\"authors\":\"Chul-Hwan Lee\",\"doi\":\"10.58316/kamts.2022.1.1.103\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations. \\nAlthough it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.\",\"PeriodicalId\":167106,\"journal\":{\"name\":\"The Korea Association of Maritime Transportation Studies\",\"volume\":\"8 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Korea Association of Maritime Transportation Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.58316/kamts.2022.1.1.103\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Korea Association of Maritime Transportation Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.58316/kamts.2022.1.1.103","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A study on the degree of contribution to the distribution of the cause ratio of the breach of the duty of vigilance -Focused on the decision of the Central Maritime Safety Tribunal-
For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations.
Although it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.