De lege ferenda for improvement of the Korean legal system for maritime autonomous surface ships (MASS)

Abstract

With the advent of the Fourth Industrial Revolution, technologies based on Information and Communication Technology, the Internet of Things, and Artificial Intelligence are rapidly advancing. Maritime Autonomous Surface Ships (MASS) represent a key area in this transformation. The International Maritime Organization (IMO) is developing international regulations to ensure safe MASS operation. A non-mandatory framework is expected by 2026, with mandatory regulations entering into force in 2032. Accordingly, not only the Republic of Korea but also other major shipping nations should prepare to incorporate these regulations into national law. This study examines the global trend toward MASS adoption and the need to restructure Korea’s domestic legal and institutional frameworks. It assesses the compatibility and adequacy of Korea’s current legal instruments. The findings show that the Act on the Promotion of Development and Commercialization of MASS mainly targets technology development and pilot operation and verification, and thus fails to address several regulatory elements required by the MASS Code. In response, this paper proposes a phased legislative strategy to improve Korea’s regulatory readiness and establish a solid institutional foundation for the safe, internationally recognized commercialization of MASS.