그 동안 IMO를 위시한 어선 및 어선원관련 각종 국제기구에서는 어업부문의 안전 및 어선원의 안전성 향상의 문제를 해결하기 위하여 각종 규정들을 제․개정하여 왔다. 소형어선의 해양사고 증가로 소형어선 및 어선원을 위한 안전에 대해서도 관심이 고조되면서 그 규정의 적용범위도 점차 소형어선으로 확대되고 있다. 특히 IMO 및 ILO에서 제정된 강제 협약인 1993년 토레몰리노스협약 의정서와 2007년 통합어선원노동협약의 경우 공법적인 성질을 지니고 있어서, 관련 협약을 준수하지 아니하고는 어선의 국제적 운항이 현실적으로 불가능하다. 따라서 우리 나라는 이들 협약의 발효를 위한 긍정적 검토를 위하여 어선안전에 관한 국제적 흐름을 주도하는 IMO, FAO 및 ILO 등 관련 국제기구의 동향을 구체적으로 파악하고 이 분야의 연구를 지속적으로 수행해야 한다. 또한 우리나라와 어업현실이 비슷한 동아시아 수산강국인 한․중․일의 협력을 통한 국제적인 공동대응이 필요하다. 이렇게 하여 우리 나라는 우리나라는 어선관련 협약에 대한 능동적인 관점의 변화로 창의적이고 현실적인 대안을 선점 공포함으로써 어선안전 분야에서도 선도국가로 거듭나야 할 것이다.

In this paper, it is argued that safety at sea should be reinforced with the adoption of 1993 Torremolinos Protocol(1993 Protocol) by IMO (International Maritime Organization) with regulations amendment. Many international laws and regulations on international fishing vessels safety including 1993 Protocol and Work in fishing convention 2007(ILO Convention No.188) by ILO(International Labour Organization) have significant impact on national fishing industry because they are of mandatory nature that it is almost impossible for the fishing vessels to navigate & operate without complying with such regulations, furthermore scope of such regulations may expand even into small fishing vessels. Accordingly, considering such impact, most advanced countries in maritime and fishing industry actively engage in from the legislative stage of such regulations and carefully review before rectification or reservation even after entering into any related conventions. However, the 1993 Protocol has serious defect to be applied internationally because at the time of drafting, only European standards for fishing vessel types and working area conditions were taken into consideration. Also 1974 SOLAS(International convention for the safety of life at sea by IMO) which was the parent of the 1993 Protocol that does not rightfully represent present maritime environments was established 14 years ago. IMO strongly demands its member countries to rectify the 1993 Protocol but perceiving such problem, it also promotes new enactment or amendment of the 1993 Protocol and enactment of ILO Convention No.188 is expected to accelerate such process. In order for ROK to actively participate in such international trend, it is recommended that ROK, above all, advocates amendment of the Protocol. Detailed action plans can be as follows ; Firstly, ROK should closely observe the trend of international institutes in relation to maritime and fishery industry and continuously study on such movement. Secondly, International forums consisting of experts on fishing vessel safety from ROK, China and Japan should be organized in order to give organized response to any changes or movement of such institutions. Lastly, in long-term view, it should step forward to organize Pan-Asian forums for the fishing vessel safety to further systematically cope with the European countries logic.

In this paper, it is argued that safety at sea should be reinforced with the adoption of 1993 Torremolinos Protocol(1993 Protocol) by IMO (International Maritime Organization) with regulations amendment. Many international laws and regulations on international fishing vessels safety including 1993 Protocol and Work in fishing convention 2007(ILO Convention No.188) by ILO(International Labour Organization) have significant impact on national fishing industry because they are of mandatory nature that it is almost impossible for the fishing vessels to navigate & operate without complying with such regulations, furthermore scope of such regulations may expand even into small fishing vessels. Accordingly, considering such impact, most advanced countries in maritime and fishing industry actively engage in from the legislative stage of such regulations and carefully review before rectification or reservation even after entering into any related conventions. However, the 1993 Protocol has serious defect to be applied internationally because at the time of drafting, only European standards for fishing vessel types and working area conditions were taken into consideration. Also 1974 SOLAS(International convention for the safety of life at sea by IMO) which was the parent of the 1993 Protocol that does not rightfully represent present maritime environments was established 14 years ago. IMO strongly demands its member countries to rectify the 1993 Protocol but perceiving such problem, it also promotes new enactment or amendment of the 1993 Protocol and enactment of ILO Convention No.188 is expected to accelerate such process. In order for ROK to actively participate in such international trend, it is recommended that ROK, above all, advocates amendment of the Protocol. Detailed action plans can be as follows ; Firstly, ROK should closely observe the trend of international institutes in relation to maritime and fishery industry and continuously study on such movement. Secondly, International forums consisting of experts on fishing vessel safety from ROK, China and Japan should be organized in order to give organized response to any changes or movement of such institutions. Lastly, in long-term view, it should step forward to organize Pan-Asian forums for the fishing vessel safety to further systematically cope with the European countries logic.

Torremolinos Protocol, Small Fishing Vessels, International Convention on Fishing Vessel Safety, SOLAS, IMO, ILO