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논문 기본 정보

자료유형
학술저널
저자정보
박철호 (전주대학교)
저널정보
한양법학회 한양법학 한양법학 제42집
발행연도
2013.5
수록면
353 - 381 (29page)

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초록· 키워드

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The term “port” means any establishment equipped with facilities installed for the entry and departure of ships, the embarkation and disembarkation of passengers on board, and the loading and unloading, storing and handling of cargoes, and such ports shall be divided into designated ports and local ports(Port Act §2①). “Logistics” means transporting, storing, loading/unloading, etc. of the goods which occur when goods are produced by the supplier, delivered to the consumer, retrieved from the consumer and scrapped, and the additional value-creating actions of processing, assembly, classifying, repairing, packaging, labeling, sales, and telecommunications(Basic Logistics Policy Act §2①, 1). The term “port logistics” means the handling process for transportation, storage, stevedoring and packing, etc, made up until transferred from cargo vendors to cargo demander in the port(Port Act §2, 14).
The definition On the “Port Logistics Safety” concept does not exist in Korea"s current law. but It can be defined ; “Port Logistics Safety” means that incidents, which threaten logistics safety in the port, such as undermine and loss of cargo, delay of delivery and receipt of cargo etc. does not occur.
The current maritime safety laws were enacted, as frequently as required, without basic policy or ideology at the national level has not been established. So it is true that the mutual association of the specified identification law is lacking and establishing general maritime safety policy is difficult. Moreover, the administrative departments to enforce maritime safety laws are different, so also its enforcement has been inconsistent.
On the basis of the these current laws, it is difficult to expect effective policy about the safety of the logistics.
Therefore, so-called “the act on the safety and security of the port logistics” should be enacted in order to seek safety logistics and to give the connection between laws on the logistics.
In this Article the following revisions are proposed : the administrators of safety and security on port logistics, basic plan and its contents, and implementation plan about safety and security on port logistics, Deliberation Committee of the safety and security on port logistics, the responsibilities of supervisors on the safety and security on port logistics, arbitration of dispute and remedy of damages related to safety of the port logistics, establishing Port Logistics Safety Association, etc.
Even if this law is enacted, the safety system of port logistics does not complete. In addition, It need to be revised other laws on maritime and port safety & security as soon as possible. By doing so, Korea will be moving into the Advanced Port Nation.

목차

Ⅰ. 서언
Ⅱ. 항만물류 안전 및 보안에 관한 법률의 검토
Ⅲ. 항만의 관리주체와 항만물류안전ㆍ보안의 관리주체
Ⅳ. 항만물류 안전ㆍ보안의 관리책임자에 관한 규정의 구상
Ⅴ. 결론
【참고문헌】
【Abstract】

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UCI(KEPA) : I410-ECN-0101-2014-300-003338570