AI 자율운항 선박의 감항능력주의의무에 대한 법적 검토

This study addresses the normative gap in maritime law’s liability and seaworthiness duty caused by the introduction of Maritime Autonomous Surface Ships (MASS) and its core digital elements (AI errors, cyber threats). The research proposes redefining seaworthiness as ‘Digital Seaworthiness’ and adopting the ‘Actual Risk Control’ principle to clarify the multi-layered liability of remote operators and developers. To reform the Korean Commercial Code (KCC), specific amendments are suggested: KCC Article 794 should mandate autonomous system stability, and Articles 795/796 should be revised to exclude accidents from AI system design faults from the carrier’s exemption, thereby enhancing the carrier’s responsibility.