어선보험 및 어선원보험은 열악한 지위에 있는 어선소유자 및 어선원을 보호하기 위하여 어선원 및 어선 재해보상보험법에 따라 운영되는 정책보험이다. 선박충돌사고가 발생하면 어선소유자는 어선보험에서, 어선원은 어선원보험에서 먼저 보상을 받고 보험자인 수산업협동조합중앙회(이하 ‘수협중앙회’라고 한 다.)는 상대선 소유자 등에 대하여 구상을 하게 되는데, 이 경우 어선보험과 어선원보험의 특성으로 인해 다른 보험과 구별되는 여러 가지 문제점들이 야기된다. 어선보험 구상의 경우 수협중앙회의 구상권 청구에 대하여 상대선 소유자가 자신의 불가동 손실과 상계를 주장할 경우 타 선박의 불가동 손실을 보상 범위에 포함하지 않는 어선보험의 충돌배상약관과 모순되는 문제, 피보험자와의 관계에서「상법」제682조 제1항 단서에 따른 보험자 대위권 행사 범위 제한 문제, 일본과 중국 등 외국적 어선과의 충돌사고에서 이루어지는 양국 어업협회 혹은 수산회를 통한 배상협의에서 불가동 손실이 그 협의대상에서 배제되어 있는 문제 등이 제시될 수 있다. 한편 어선원보험 구상의 경우 어선원보험금 산정의 기준이 되는 임금과 손해배상에서 적용되는 임금이 상이한 문제, 손해배상소송에서 통계임금이 어선원의 실질적인 임금을 반영하지 못하는 문제, 보험금 지급시의 장해등급 평가와 소송상 신체감정의 차이에서 발생하는 문제, 어선원보험의 유족보상 수급자 인 유족 순위와 손해배상의 상속권자 순위가 다른 문제, 국민건강보험공단의 구상권과의 순위 문제 등 여러 가지 문제점이 존재한다. 어선보험 및 어선원보험과 그 구상에 대하여는 위와 같이 여러 문제가 다수 존재하고 있음에도 불구하고 논의가 많이 이루어지지 않았다. 그에 따라 법원 의 선례도 거의 없는 관계로 위에서 언급한 문제들 및 그 해결책에 대한 심도 있는 연구가 필요할 것이다.

In this study, the risk factors of coastal purse seine fisherman were analyzed through a survey of fishery workers of coastal purse seine fishery and the accident compensation insurance data of the fisheries workers of the National Federation of Fisheries Cooperatives (NFFC). The classified fishing operation accident data was analyzed through 4M (Man, Machine, Media, Management) model of the National Transportation Safety Board (NTSB) and the accident prevention measures were presented using Harvey's 3E (Engineering, Education, Enforcement) model. The rate of accidents on coastal purse seinens each year was 75.8‰, 36.7‰ and 74.8‰ from 2015 to 2017. The accident frequency resulting from slipping was the highest, and the risk of a contact with gear was low. When comparing each insurance data, the average value of the contact with gear accident was the highest. This research result is expected to be important data in identifying and preventing safety hazards of coastal purse seiner fisherman in the future.

The International Labor Organization (ILO) selected fishing as the most dangerous group of jobs in the world, and it is well known in Korea as a 4D industry. Offshore large purse seine accounts for the largest portion of the fishing industry in the coastal region with high death rate and the accident rate. The repeated disaster rate survey by the Korea Maritime Institute (KMI) shows offshore large purse seiner is the highest at 22.3 percent and coastal gill nets and offshore stow net are following at 12.4 percent and 11.9 percent in order. Therefore, risk factors occurring in offshore large purse seiners were analyzed based on data from the National Federation of Fisheries Cooperatives (NFFC) for three years from 2015 to 2017 and 4M (Man, Machine, Media, Management) 3E (Engineering, Education, Enforcement) techniques were used to provide a safe fishing environment. The number of accidents on offshore large purse seiners each year was more than 150, and the number of accidents on every fishing boats was as high as 17 percent in 2015. If the accident rate and the risk level were divided by insurance, the accident resulting from contact with machinery was the highest, and the risk of a contact with gear was low but frequently occurring. This was caused by collisions and contact with gear in situations where death and disappearance risk are not high, and accident types in situations where death and loss risk are considered to be contact with machinery, falls or other accidents. Through these analysis techniques, the frequency and risk of each type of accident on a offshore large purse seiners can be demonstrated, and it is expected to raise awareness of a safer fishing environment and contribute to the reduction of accidents.

The trawl fishery is an important fishery accounting for around 30.0% of adjacent water fishery production in Korea, and the commercial fishing is associated with high rate of fatal and non-fatal occupational injury. The hazard analysis for the fishermen's safety of offshore trawler was conducted to serve as basic data for improving the healthy and safe working environment of fishermen using fishermen's occupational accidents of the national federation of fisheries cooperatives (NFFC) from 2012 to 2014 (n=464). As a result, the occupational accident occurrence rate of large powered trawl fishery was 241.4‰ in east sea trawl fishery, 6.9 times the rate of that. In addition, death and missing rate was found to have very serious level management to 97.7‱ in east sea trawl fishery of death at 6.2 times. The accident occurred in 91.7 to 100.0% was happened at sea. The slipping, others and struck by object and son on occurred more frequently in order in the frequency of accident occurrence pattern. However, the occurrence rate of death and missing did not match the frequency of accident pattern. In other words, slipping occurred more frequently while death and missing risk was not high. The fall in the waters was low while death and missing risk was high. The results are expected to help identify and assess safety hazard occurred in offshore trawlers.

The powered purse seine fishery is an important fishery accounting for 19.4% of adjacent water fishery production in Korea, and the commercial fishing is associated with high rate of fatal and non-fatal occupational injury. The hazard analysis for the fishermen’s safety of offshore large powered purse seiner was conducted to serve as a basic data for improving the healthy and safe working environment of fishermen using fishermen’s occupational accidents of the national federation of fisheries cooperatives (NFFC) in 2013 (n=583). As a result, the occupational accident occurrence rate of this fishery was 182.6‰ in all industries 30.9 times the rate of that. In addition, death and missing rate was found to have a very serious level management to 25.1‱ in all industries of death of 17.5 times. The accident occurred in 72.3 to 85.8% was happened at sea. The others, slipping and struck by object etc occurred more frequently in order in the frequency of accident occurrence pattern. However, the occurrence rate of death and missing did not match the frequency of accident pattern. In other words, slipping occurred frequently higher while death and missing risk was not high. And the contact with fishing gear and fall in the waters was low while death and missing risk was high. The results are expected to contribute for identification and assessment of safety hazard occurred in offshore large powered purse seiners.