The future direction of ‘other persons’ in Korean maritime legislation : A historical and comparative legal analysis

This paper explores the legal framework surrounding the classification of “other persons” aboard vessels under the Ship Safety Act, particularly in comparison to international maritime conventions such as SOLAS. The term “other persons” has been a source of ambiguity and safety concerns, especially following several maritime accidents, including the 2024 collision near Yeoseodo. In Korea, truck drivers and other non-crew individuals have been permitted to board vessels as “other persons,” often exceeding permissible limits, raising significant safety and regulatory issues. This research examines the inconsistencies between Korea’s Ship Safety Act and international standards, noting that other major maritime nations impose stricter limits and clearer definitions on non-passenger personnel. Recommendations include aligning domestic laws with international conventions by redefining “other persons” and enforcing a stricter cap on non-crew passengers to enhance safety. The paper also addresses the need for categorizing individuals boarding vessels into clearer groups – crew, passengers, industrial personnel, and specialized personnel – to ensure legal clarity and improve compliance with global maritime safety standards. Through a comparative legal analysis, the paper advocates for the adoption of international norms in Korea’s maritime regulations.