The necessity and alternative of the unification of reporting obligations in the event of an accident at sea and Inland water
Abstract
In the event of an accident on the water, human damage can be minimized if reported immediately. However, although individual laws stipulate reporting obligations, there are the following problems. First of all, the scope of accidents stipulated by individual laws is different. In the event of a personnel accident, the Maritime Traffic Safety Act is not obligated to report, and other laws stipulate different reporting obligations depending on whether or not a personnel accident is seriously injured. Even in the case of a physical accident, even if it is an accident that may pose a risk to the navigation safety of other ships, the obligation to report is stipulated differently according to the applicable law. Second, the scope of reporting obligators also varies depending on the applicable laws. In common, captains are obligated to report, but 'shipowner', 'business owner', and 'shipman' are added or excluded according to individual laws. Third, the scope of the report is not clear, so it needs to be explicitly defined. Fourth, sanctions for violations of reporting obligations are also different. The duty to report is an obligation imposed regardless of the cause of the accident. Nevertheless, it is inappropriate to stipulate different punishment regulations according to individual laws. Individual laws should be amended. The standard for amendment should be the legal interest to be protected through reporting. The legal interest to be protected through reporting should be revised based on the main protection legal interest of the victim's 'life and body' and the 'safety of water transportation' as an incidental protection legal interest.
Fields of Study & Subjects
Law
logistics
and international trade
Maritime Navigation and Safety
Comparative International Legal Studies
Publication details
- Journal / source
- Institute for Legal Studies Chonnam National University
- Volume
- 46
- Issue
- 1
- Pages
- 145–170
- Publication date
- 28 February 2026
- Language
- EN