Unmanned Vessel and Its Legal Implication under the Korean Maritime Law

• Published in: The Asian business lawyer Vol. 32; pp. 15 - 29
• Main Author: In Hyeon Kim
• Format: Journal Article
• Language: Korean
• Published: 고려대학교 법학연구원 30-11-2023
• Subjects: Crew; Master; Seaworthiness; Shore-Based Controller; Unmanned Vessel; Vicarious Liability
• ISSN: 2005-0054

Unmanned vessel may emerge not very later. According to the IMO’s classifications, autonomous vessels of Level 3 and Level 4 are both unmanned vessels. However, vessels of Level 3 with AI equipment and monitored and controlled by the shore-based controllers are more realistic. This study is based on unmanned vessels of Level 3 of which ship crew’s role will be substituted by the shore-based controllers in terms of legal relationship.
In terms of private law matter, not many modifications are anticipated for the unmanned vessels. A shore-based controller may be regarded as a servant of the carrier and thus the carrier shall be liable for the cargo damage caused by the fault of the controller. However, several modification are anticipated in case of the time charterparties. Where the time charterer provide a shore-based controller for the chartered vessel, he becomes the employer of the controller and thus is vicariously liable for the collision damage and other damage caused by the fault of the controller.
In terms of public law matter, many modifications are anticipated of the rules contained in SOLAS, COLREGs, UNCLOS. The Korean domestic laws such as Pilot Act and Maritime Safety Tribunal Schemes are needed to be modified.