A Study on the Improvement Measures of Vessel Traffic Service System for Safe Vessel Traffic on the Sea

Vessel Traffic Service(VTS) which have the capability to interact with the traffic and to respond to traffic situations developing in the VTS area, is a service implemented by Competent Authority, designed to improve the safety and efficiency of vessel traffic and to protect the environment by in the International Convention for the Safety of Life at Sea(SOLAS), revised chapter was adopted in December 2000. Competent Authority should allow VTS to monitor of vessels and communicate with vessels connected with planning of vessels's movement and navigational information for safe vessels traffic. Authorities using the VTS have experienced safety, and a reduction in environmental pollution, and a reduction in environmental pollution. The number of VTS has grown considerably throughout the world. There are 500 VTS operational today. The Competent Authority operating VTS should ensure that the VTS is operated in conformity with relevant IMO resolutions and in planning and establishing a VTS, the Contracting Government or Governments or the competent authority should establish a policy with respect to violations of VTS regulatory requirements, and ensure that this policy is consistent with national law. This policy should consider the consequences of technical failures, and due consideration should be given to extraordinary circumstances that result. In addition to in operating a VTS the VTS authority should consider that the liability element of an accident following compliance with VTS guidance is and important consideration which can only be decided on a case-by-case basis in accordance with national law. Consequently, a VTS authority should take in to account the legal implications in the event of a shipping accident where VTS operators may have failed to carry our their duty competently. It is being operated the great part of Korea, 14 port VTS and 2 coastal VTS of Jindo and Wando that even though Korea has been at most 11 year to since 1997 in Korea. The International Maritime Organization(IMO) Resolution A857(20) states that a port VTS is mainly concerned with vessel traffic to and from a port or harbor, while a coastal VTS is mainly concerned with vessel traffic passing through the area. Although national VTS is late comparing with advanced countries, the present external operation state such as a lot of VTS Center of VTS in Korea is as great as advanced countries. But internal infrastructure such as the system of operation and legal basis of VTS is not provided as well as advanced countries. For instance the basis regulation of operation of national VTS is PUBLIC ORDER IN OPEN PORTS ACT of Korea whose the purpose of this Act is to maintain the safety and public order of shipping traffic within the boundaries of an open port. But VTS area ruled by VTS is covering both of all within and out the boundaries of open port. In other words, there is no regulation VTS to manage the area out the boundaries of open port. As a result of the above of facts it is difficult for VTS to effectively manage vessel traffic situations. Additionally several administrative matters in relative to VTS scattered in various parts of government ministries because of no regulations concerned about clear VTS operation procedures and the VTS's jurisdiction of off boundaries open port. This study introduce that general concepts of VTS such as meaning, history, purpose, equipment, capability and responsibility including several states' operation-situations. It also considers national law such as PUBLIC ORDER IN OPEN PORTS ACT, SEA TRAFFIC SAFETY ACT in Korea's national law and International law such as on the UNCLOS 1982, IMO conventions and Guidelines of VTS by IALA referring to the operation of VTS. Moreover, this study propose improved measures to operate effective VTS services grounded on experience as VTS operator after examining the substantial operational and legal matters experienced during VTS services. Consequently, it is necessary that the Ministry of Land, Transport and Maritimes Affairs institute clear regulations concerned about operations of VTS, the limit of competence and obligation of VTS, right and duty of vessel etc after examining the scope of VTS operation for VTS to accomplish purpose of establishing VTS, acquiring safe vessel traffic and protecting marine environment from vessel traffic accident.제1장 서론 = 1 제1절 연구의 목적 = 1 제2절 연구의 범위 및 방법 = 3 제2장 해상교통관제제도의 개관 = 4 제1절 해상교통의 이해 = 4 1. 개념 = 4 2. 해상교통환경의 특성 = 4 제2절 해상교통관제제도의 의의 = 6 1. 연혁 = 6 2. 종류 = 9 3. 기능 = 10 제3절 해상교통관제의 주요내용 = 15 1. 정보제공업무 = 15 2. 교통관리업무 = 15 3. 항행원조업무 = 16 제4절 해상교통관제 관련업무 = 17 1. 개항질서관리 업무 = 17 2. 신조 선박의 시운전 = 20 3. 해양경찰의 통항질서관리 = 21 4. 지방자치단체의 관할해역관리 = 25 5. 국가어업지도선 = 26 6. 선박운용자의 청수의무 강화 = 28 7. 해상교량공사 통항안전협의회 구성 = 29 8. 장기정박선의 안전강화 = 31 제3장 해상교통관제제도의 법적근거 = 34 제1절 국내법적 근거 = 34 1. 개항질서법 = 34 2. 해상교통안전법 = 34 3. 해상교통관제운영규정 등 = 35 제2절 국제법적 근거 = 37 1. 1982 유엔해양법협약 = 37 2. 국제해상인명안전협약 = 37 3. 선박통항서비스에 대한 지침서 = 38 4. 관제사의 교육 및 자격에 관한 지침서 = 39 제3절 주요 외국의 입법례 = 40 1. 미국 = 40 2. 호주 = 41 3. 영국 = 41 제4장 해상교통관제제도의 문제점과 개선방안 = 43 제1절 현행 해상교통관제제도의 문제점 = 43 1. 해상교통관제제도의 참여자 = 43 2. 해상교통관제센터와 해양경찰의 업무 구분 = 47 3. 해상교통관제 관할범위 = 48 4. 교통안전의식의 결여 = 49 5. 해상교통사고의 신뢰의 원칙 한계 = 50 제2절 관제업무의 법적근거 마련 = 53 1. 명확한 업무근거 마련 = 53 2. 해상교통관제사의 불명확한 위치 개선 = 59 3. 해상교통관제사의 채용과 관리 = 62 4. 해상교통관제시스템의 보완 = 63 제3절 해상교통관제제도 관련법률 개선안 = 63 1. 해상교통안전법에 해상교통관제 규정 마련 = 63 2. 해상교통관제제도의 관련법률 개선안 = 64 제5장 결론 = 68 참고문헌 = 6