Korean Maritime Law Faces Scrutiny Over “Other Persons” Safety Gap

In the ever-evolving world of maritime law and safety, a recent study by Sang-Il Lee, a researcher from the Division of Marine System Engineering at Korea Ocean and Maritime University, is stirring up conversations. Lee’s work, published in the Journal of International Maritime Safety, Environmental Affairs, and Shipping, delves into the murky waters of the “other persons” category in Korean maritime legislation. This group includes anyone aboard a vessel who isn’t crew or a passenger, like truck drivers or industrial personnel. Sounds straightforward, right? Well, it’s not.

Lee’s research, which compares Korean laws to international maritime conventions like SOLAS, highlights some significant inconsistencies. In Korea, the Ship Safety Act has been a bit too lenient with the “other persons” category, allowing too many non-crew individuals on board. This has led to safety concerns, especially after incidents like the 2024 collision near Yeoseodo. As Lee puts it, “The term ‘other persons’ has been a source of ambiguity and safety concerns, especially following several maritime accidents.”

So, what’s the big deal? Well, for starters, safety. More people on board means more potential for accidents, and as we’ve seen, that can have disastrous consequences. But it’s not just about safety. This ambiguity also affects the commercial side of things. Shipping companies might face increased insurance premiums or even legal action if something goes wrong. Plus, there’s the reputational risk – no one wants to be known as the company that cut corners on safety.

However, this isn’t all doom and gloom. There are opportunities here. Lee suggests that by aligning domestic laws with international conventions, Korea could enhance its maritime safety standards. This could lead to improved safety records, which in turn could attract more business. Moreover, clearer definitions and stricter caps on non-crew passengers could streamline operations, making it easier for companies to comply with regulations.

Lee also proposes categorizing individuals boarding vessels into clearer groups – crew, passengers, industrial personnel, and specialized personnel. This could provide legal clarity and improve compliance with global maritime safety standards. It’s a win-win situation, really. Better safety, better business – what’s not to like?

So, what’s next? Well, it’s up to the Korean government to take these recommendations on board. But with researchers like Lee shining a light on these issues, hopefully, we’ll see some changes soon. After all, safety at sea is no small matter. It’s a complex issue, but with a bit of clarity and some tough love from the lawmakers, we can make our waters safer for everyone.