KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and Purpose of Research

▶Increasing demand for related persons, etc. for ultra-precise location, navigation, and visual information and efforts of competent ministries to respond there to;

○In recent years, discussions and practical applications on how to use high-quality navigation information, which is being produced due to the rapid development of information and communication technology and science and technology by the 4th industrial revolution, are actively being developed.

○Since the early 2000s, the Ministry of Oceans and Fisheries has already made efforts to create and utilize the foundation for navigation information systems at the national level through the promotion of various policies and the institutionalization of laws (Act No. 15009, Oct. 31, 2017) for the development, establishment, and utilization of navigation information system infrastructure that can stably provide such information.

▶Request for legislative revision according to legislative limit and environmental changes of the times in accordance with the application of the Navigational Aids Act as a basis for providing maritime navigation information and promoting the use there of;

○Despite the efforts of the Ministry of Oceans and Fisheries as described above, questions and questions about whether the current legal system has a system to implement it in its legal and institutional operation continue to appear.

-Article 10 of the Aids to Navigation Act (provision of navigation information, etc.) stipulates the establishment and provision of navigation information systems, and has a regulatory system to specify them in subordinate statutes.

-At this time, as can be seen from the name of the relevant provision, the position of the provision is set in the "Chapter 3 Establishment,  Management, and Protection of Aids to Navigation, Section 1 Establishment and Management of Aids to Navigation", while the main legislative purpose of the "provision" of navigation information is to mean the formality of the relevant norms,

-As for the provisions, paragraph (1) states, "The Minister of Oceans and Fisheries shall install and operate the differential global navigation satellite system (DGNSS) and the long range navigation system (LORAN, R-Mode, etc.) respectively to provide the following information to users, as prescribed by Presidential Decree. Since it is only said to be "user", it is judged that there is inevitably a limit to the operation of the legal system in the end because it is not possible to estimate the more stable and efficient policy direction for the interpretation of the category of "user" and "provision" that is important.

-In addition, through the new establishment of Chapter 5-2 (Facilitation of Intelligent Aids to navigation) of the same Act, three articles are prepared: "Establishment of an Intelligent Information System for Navigational Aids," "Collection, Use and Provision of Information Based on Navigational Aid Facilities," and "Protective Measures, etc."

-As described above, it will be said that it is very different from the legislative nature of the same law, which has the main regulatory system for the installation and management of navigational aid facilities, and in the same national policy of establishing and providing an information system through a 'navigational aid', the establishment of a regulatory system through a separate chapter in relation to Article 10, contrary to the legislative intention, is likely to cause confusion among related persons in the operation of the legal system and the problem of legal insystemicity.

○In the establishment and utilization of an information system using navigational aids, along with the problem of unsystematic legal system, (1) the necessity of national security of maritime navigation information, (2) the necessity of establishing an effective information provision system according to the maximization of the area of use of maritime navigation information, and (3) the request for preemptive legal response to secure technological superiority due to changes in the marine environment and the development of science and technology are a testament to the urgency of legal system reform.

▶Necessity of enacting (Tentative Name) the Act on the Promotion of the Provision and Use of  Maritime Navigation Information through division of law as the direction of amendment of the Aids to Navigation Act

○The value of information through navigational aids and the diversity of its utilization categories already occupy a key position in modern maritime administration, and the enactment of individual laws through the division of the "Navigational Aids Act" as a legal reform for the collection, processing, provision, and utilization of such information is an essential process for continuous and stable system operation.

○Therefore, in this study, the purpose of this study is to first review the validity of enacting individual laws through the division of law as a revision plan for the current Aids to Navigation Act and to present legislative suggestions on the main regulatory system and main contents in order to implement the national policy of promoting the provision and use of maritime navigation information.

     

Ⅱ. Contents

▶Navigation information under the current Aids to Navigation Act and navigational aid base information;

○In Chapter 2, the concept and operational status of navigation information and route mark-based information under the current route mark law were first examined to prepare the basis for the concept and category of maritime navigation information as a major subject of research. At this time, implications were drawn by examining the current status and legislation of the United States, Russia, Japan, and the European Union as related major countries.

▶Facilitating the provision and use of maritime navigation information through the amendment of the Aids to Navigation Act;

○In accordance with the main direction of this study, it was intended to argue that the legal and institutional limitations that do not correspond to the composition system of the current Aids to Navigation Act and the tendency to expand the use category of navigational aids are due to the legal unsystematic nature, and introduced the request for legal maintenance according to internal and external environmental changes. Based on this, the direction of establishing the normative system through the division of the current route sign method was presented as follows.

▶Preparation of Legislation to Promote the Provision and Use of Maritime Navigation Information

○In accordance with the preceding research development, the legislative system for the enactment of the "Act on the Promotion of the Provision and Use of Maritime Navigation Information" was organized and major regulations were mainly presented as research outcomes.

Ⅲ. Expected Effects

▶Functions as legislative expert data on the provision and use of maritime navigation information;

○Contributing to clarifying the operational system and direction of national affairs related to the utilization of maritime navigation information as a legal and institutional frame of reference in the future as legislative expert data on the utilization of maritime navigation information

▶Use of marine navigation information as basic administrative and practical data on provision and use thereof;

○As national administrative affairs acquired and confirmed through research results, it can be used as basic data in administrative practice, such as planning and implementation system for the provision and utilization of maritime navigation information-work system for collecting, processing, and utilizing maritime navigation information.