Measures to improve ship inspection system in Korea by amending administrative crime provisions of the Ship Safety Act

Abstract

ABSTRACTFollowing the tragic sinking of the Sewol Ferry, there was a significant increase in the prosecution of criminal cases involving ship surveyors and their professional responsibilities. In 2015, the Ship Safety Act of Korea introduced new Paragraphs 13-2, 13-4, and 13-5 in Article 83. These amendments aimed to penalize individuals who engage in fraudulent or improper practices during surveys. It classified such actions as a serious offense. Accordingly, the elements of the crime of interference with business in criminal law have become less complex and easier to prove.Given that ship surveyors were already legally liable for obstructing business activities under the Criminal Act before the implementation of this provision, it is necessary to assess whether the existing legislation allows for disproportionate penalties.This study aimed to assess the validity of legislative principles, including the constitutional proportionality principle, the violation of legalism in criminal law, the limitations of dangerous criminal law, and the issue of overcriminalization.We conducted a comparative review of laws and assessed their potential impact on the industry through an online questionnaire distributed to ship surveyors and professionals in related fields. As a result, we proposed amending the related penalty provisions of the Act.

Keywords

• Delegated agency
• recognized organization
• Ship Safety Act
• ship surveyor
• classification society
• criminal law