A Study on Marine Leisure Sports Regulations : Focusing on Administrative Legal Issues such as Permits, Registrations, and Marine Management Plans

Scholars of marine leisure sports and researchers, officials, and businesspeople who suggest measures to promote them all claim that the development of marine leisure sports is being hindered by regulatory-centered legal systems. In particular, the most discussed regulations are the various permits, licenses, and registration systems that correspond to entry regulations related to marine leisure sports, and since they are closely related to general administrative laws and regulations such as permission for use of public waters and permission for use of natural parks, the burden seems to be increasing. In addition, looking at the recently implemented ｢Marine Leisure Tourism Promotion Act｣, this law only contains slogans for simple support and promotion efforts, and does not present a correct understanding of regulations and a direction for deregulation based on them. However, considering the risks and dangers that inevitably accompany the use of the ocean for leisure or sports, it seems fundamentally proportional from a safety law perspective that it is subject to greater regulation than that on land. The problem is not the regulation itself, but the fact that the concepts of the permit and registration system based on relevant positive laws are not properly understood in the marine leisure sports field is considered to be one of the causes of the problem. ① The pilot license should be designed to resolve overlapping issues and unreasonable unlicensed penalties. ② The water leisure business registration system should not be operated in a positive manner, such as a permit. ③ The term ‘registration’ in the water leisure laws should be understood in various ways as a concept of various administrative laws, and should be understood and operated so that the significance of the negative method can be highlighted. ④ In the establishment of a marine space plan that includes marine leisure sports, marine leisure sports, water leisure activities on the sea surface, and especially in the case of natural parks or natural conservation areas, whether they affect the protection of various environments, ecosystems, and species diversity pursued under the natural park laws or natural environment protection laws, should be implemented through a cost-benefit analysis through risk assessment and communication. In addition, this plan should move in the direction of recognizing legal binding force in the ‘consultation on the suitability of marine space,’ but there is a diagnosis from maritime administrative law scholars that it is still just an ‘inductive plan.’ This is because there is no legal basis to prevent or force the government or local government from using or developing marine space without the consent of the Minister of Oceans and Fisheries after consultation. In this regard, the administrative plan confirmation procedure under administrative law and the discussion on its concentrated effectiveness should be applied. ⑤ The issue of ‘abandoned boats’ should be the subject of environmental law discussion, and in the future, it should be developed into a discussion on state responsibility and its limitations under safety law.