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(Cause of Marine Accidents)

Article 3. In inquiry of Marine Accidents Inquiry Agency, the causes of marine accidents shall be inquired into each of the items as follows:

(1) Whether the case is caused by intent or negligence of any person;

(2) Whether the case is ascribable to the number of crew on board, qualification, technical ability, labor condition, or the term of service;

(3) Whether the case is ascribable to the construction, material or workmanship of the hull or engine, or to the equipment or ability of the vessel;

(4) Whether the case is ascribable to such aids for navigation as chart and publication, navigation mark, maritime communication, meteological information, or salvaging facility;

(5) Whether the case is ascribable to the conditions of the port, harbor or waterway.

(Judgement)

Article 4. The Marine Accidents Inquiry Agency shall inquire into causes of the marine accident and make the conclusion clear by a judgement.

2. If a marine accident is caused by intent or negligence of the marine technician (including person who received the approval under the provision of Article 23-2, paragraph 1 of the Law for Ship's Officers (Law No.149, 1951); hereinafter the same) or of a pilot in performing their duties, the Marine Accidents Inquiry Agency shall inflict disciplinary punishment on them with the judgement of the court.

3. When the necessity is deemed, The Marine Accidents Inquiry Agency may make a judgement to the effect that a recommendation shall be given to those persons who are not mentioned in the preceding paragraph but are related to the cause of a marine accident.

(Disciplinary Punishments)

Article 5. The disciplinary punishment shall be divided into the three (3) kinds of items as follows, and the application of which shall be decided by depending on degree of offences:

 

 

 

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