Reasons for Proposal
Reason for proposal
Now, Aviation and Railway Accident Investigation Board and Self-Driving Car Accident Investigation Board belong to the Ministry of Land, Infrastructure and Transport and Korea Maritime Safety Tribunal belongs to the Ministry of Maritime Affairs and Fisheries indicating that investigation agencies are distributed in each area. The budget and personnel affairs right of each investigation agency depends on upper department/office and the independence is not guaranteed.
Also, it is indicated that, if accidents such as large traffic accidents and self-driving car accidents of aviation, railway, or marine (hereinafter referred to as “large traffic accidents, etc.”) of which the responsibility for accidents is not clearly identified occur, professional and unified investigation and prevention agencies are not provided for independent professional investigation and for prevention of large traffic accidents, etc. and it is limited to secure national traffic safety.
In case of the USA, Federal Transportation Safety Board is installed to investigate aviation, railway, marine, and road accidents under the President for independent operation in terms of legislation, work, personnel affairs, and budget, etc. in order to secure the fairness and credibility of investigation of large traffic accidents, etc.
Therefore, it is intended to install and operate National Traffic Safety Commission in order to contribute in improvement of national traffic safety including future preventive measures by independently and fairly investigating large traffic accidents, etc. such as aviation, railway, marine, and self-driving car accidents.
A. The purpose of the Act is to contribute in prevention of aviation, railway, marine, and self-driving car accidents, identification of the responsible entities, and guarantee of safety by independently and fairly investigate aviation, railway, marine, and self-driving car accidents and by identifying the causes of accidents accurately (Article 1 of draft).
B. Subjects of application of and exemption from investigation of aviation, railway, marine, and self-driving car accidents are prescribed and investigation of national traffic safety accidents under the Act shall be preemptively applied over other legislation (Article 4 and Article 5 of draft).
C. National Traffic Safety Commission shall be installed under the Prime Minister in order to independently investigate accidents for identification of causes of and prevention of national traffic safety accidents (Article 6 of draft).
D. The work of the Commission is accident investigation, surveys and researches needed for accident investigation, preparation of accident investigation report, and distribution of safety knowledge on national traffic safety accidents to the people (Article 7 of draft).
E. The Commission consists of 20 members including each one chairman and vice-chairman having three (3) years of term and reappointment is allowed only one time (Article 9 of draft).
F. The Commission may install subcommittees for efficient review of content of accident investigation, may appoint professionals of corresponding areas as consultants for consulting on accident investigation, and may install an affairs division to process the work of the Commission (Article 14 and Article 17 of draft).
G. Aviation workers who recognized occurrence of national traffic safety accidents shall notify the occurrence to the Commission and the Commission shall start accident investigation immediately after being informed of or recognizing the national traffic safety accidents (Article 20 and Article 22 of draft).
H. The Commission may take measure for accident investigation by such method as requesting report or data on the persons related with aviation, railway, marine, or self-driving car accidents to the personnel of the affairs division when the Commission accepts the requirement for accident investigation (Article 24 of draft).
I. Procedure, etc. of accident investigation is prescribed so that the Commission may conduct autopsies of dead person in relation to accident investigation, medical examination of survived employees, etc., and inspections, analyses, and tests of components of airplanes, railway vehicles, ships, cars, and automobiles, etc. (Article 25 and Article 26 of draft).
J. The matters on preparation of accident investigation report after accident investigation and corresponding safety recommendations are prescribed (Article 28 and 29 of draft).