군함과 충돌한 민간선박에 대한 국가배상에 대한 연구 = A Study of Ship Collision between Warship and Civil Vessel and its State Compensation

다국어 초록 (Multilingual Abstract)

The warship is a states agency that plays a key role in maintaining the maritime security of the modern country. It protecting the national territory of internal waters and territorial waters and protecting the EEZ, which is the domain of state jurisdiction. By the way, it is protected by the warship on the sea. And the sea has inherent perils. And again, there is a high probability of ship collision, because of the high volume of sea traffic of the protected waters. Therefore, even the warship can cause ship collision and there is a need to solve the problem of damages resulting from.
The warship enjoys sovereign immunity under international law, affected by the fact, the majority of domestic laws are excluded the warship from its scope. Accordingly, the rules on ship collision under the Commercial Act are not applied to warships, which makes it difficult to apply various systems applied according to the characteristics of the maritime activity, which could lead to unreasonable consequences in the calculation of the liability for ship collision damage. Besides, warships are a state agency, and it has been verified that they are subject to the state compensation of the State Compensation Act by various requisites.
In conclusion, if a warship causes a ship collision accident, it is reasonable to apply analogically the regulations under the Commercial act to determine the responsibility for the collision damage and to compensate the ship in accordance with the State Compensation Act.