Section 2 Inquiries by the High Marine Accidents Inquiry Agency (second instance)
1. Inquiry procedures
Should the commissioner, examinee or marine counselor be dissatisfied with a judgment pronounced by a Local Marine Accidents Inquiry Agency, he may file an appeal with the High Marine Accidents Inquiry Agency within seven days of pronouncement. This results in the launch of inquiry in the second instance that aims to clarify the causes of the accident in question by reexamining the facts.
A collegiate body of five judges, with possible participation by two commissioned judges, conducts the inquiry in the second instance through the same procedure taken in the first instance.
2. Number of inquiries handled in the second instance
In 1998, the High Marine Accidents Inquiry Agency handled 132 cases, including 47 appeals received from Local Marine Accidents Inquiry agencies and 85 cases carried over from 1997. Of the total, the Agency pronounced judgments on 19 cases and dismissed 33 requests for inquiries in the second instance. The remaining 80 cases were carried over to 1999.
Table 3-2-1 Number of inquiries handled by the High Marine Accidents Inquiry Agency
(1) Parties filing appeals with the High Marine Accidents Inquiry Agency
Of the 47 cases for which appeals were filed for inquiry in the second instance, 29 were filed by commissioners, six by marine counselors, five by examinees, three by both examinees and marine counselors, two by both commissioners and marine counselors, and two by both commissioners and marine counselors.
