The Korean Shipping Association expressed regret over the appeal ruling related to the sinking of the Stella Daisy and urged careful consideration of responsibility in maritime accidents. They argued that rather than imposing criminal responsibility on shipping company executives based solely on the accident's outcome, it is essential to clarify the cause of the incident and any negligence based on objective evidence.
On October 21, the association released a statement titled 'Statement for Improving the Maritime Accident Responsibility System,' stating, "While we respect the position of the appellate court, we express deep regret over the imprisonment sentence imposed on the CEO of the shipping company."
The association pointed out that the professional opinions of the Korean Register of Shipping, which conducts ship inspections and safety assessments, were not adequately considered. They stated, "The Korean Register of Shipping is a neutral professional organization authorized by the state to perform inspections and safety assessments of vessels," and claimed that the appellate ruling did not take into account the inspection results conducted according to international conventions and laws, nor the engineering analysis submitted to the court.
They added, "If the judgment of a trusted professional organization in the shipping industry is not considered by the judiciary, it raises concerns about which institution's judgment can be trusted for future operations."
The association also emphasized the need to distinguish between the inherent risks of the shipping industry and criminal responsibility. They argued that since ship operations are influenced by uncontrollable external variables such as weather and maritime conditions, it is inappropriate to impose significant criminal responsibility on shipping company personnel solely based on the occurrence of an accident.
While asserting that the duty of care for vessel safety and accident prevention must be strictly adhered to, they stressed that it is unjust to hold shipping companies or personnel to significant criminal responsibility merely because an accident occurred.
In particular, regarding the Stella Daisy incident, they highlighted the need to closely examine the specific negligence of onshore personnel and the causal relationship between their actions and the accident, considering the maritime conditions and asymmetric lateral pressure at the time of the incident.
The association called for an objective and engineering-based investigation into the causes of the accident. They explained that maritime accidents can arise from a combination of factors, including ship design, construction, inspection, operation, and external influences such as weather, and that each factor's impact should be specifically examined when determining criminal responsibility.
They also emphasized that the International Maritime Organization (IMO) aims to clarify the causes of maritime accidents and prevent their recurrence through safety investigations. They argued that apart from individual responsibility assessments through criminal trials, there should be a comprehensive review of the overall safety management system, including vessel structure, inspection, maintenance, and risk reporting, to establish practical improvements.
The association warned, "If shipping company personnel are held accountable for results without a clear understanding of the causes of the accident, it will also obscure the standards for what improvements need to be made to prevent future incidents," adding that this could discourage those working in the shipping industry and weaken the competitiveness of South Korea's shipping sector.
Meanwhile, the Stella Daisy, an ore carrier, sank in the South Atlantic in March 2017, resulting in the disappearance of 22 crew members.
* This article has been translated by AI.
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