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초록

영어

The number of traffic accidents at sea are few in comparison with traffic accidents on the road. However, there is no saying that traffic accidents at sea are few when we compare cars which are driven quickly on a narrow road with ships which make slow voyages over wide seas. It is possible for us to prevent ship accidents at sea if we take adequate notice of the radar, the gong , and the wireless installation of the ship. Nevertheless, the causes of ship accidents at sea are, firstly, making a voyage without enough attention, and, secondly, unskillfulness in the control of the ship. Taking this opportunity of this problems, went deep into the study of development and examination about a criminal liability in a ship accident of theories and cases in Japan. The question of whether or not to admit a criminal liability, is determined by the existence of the possibility of concrete foresight. It is impossible to shirk one's criminal responsibility about an illegal act, if the possibility of concrete foresight exists, and if we do not take complementary measures for evasion of a result, and if ship accidents at sea give rise to a violation of the benefit and protection of the law. If it is so, we must not only search for a standard regarding the possibility of concrete foresight, but also judge by the standard under a special feature of the ship which makes a voyage. This paper shows how we will decide a standard of criminal liability in a ship accident. Firstly, the existence of the relation of cause and effect is most important in the standard. Secondly, navigation from the maritime traffic law is also important. Thirdly, the existence of justification of circumstantial judgment from "The Daily Routine Work Act of seamen" is an important standard.

목차

I. 머리말
 II. 해상교통법규와 결과회피의무
  1. 결과회피의무의 범위
  2. 사례의 분석
  3. 형사과실책임 인정의 변화
 III. 항법과 위법성조각사유의 판단
  1. 의무의 충돌상황의 존재여부
  2. 인과관계와 형사과실책임의 인정
 IV. 맺음말
 참고문헌
 논문초록

키워드

인과관계 항법 해상교통법 선원의 상무 형사책임 선박충돌사고 구체적 예견가능성의 기준 the relation of cause and effect navigation maritime traffic law The Daily Routine Work Act of seamen a criminal liability a ship accident a standard regarding the possibility of concrete foresight.

저자

• 임석원 [ Lim, Seok-Won | 부경대학교 해양생산시스템관리학부 해양경찰학전공 조교수, 법학박사 ]

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