Reduction of Criminal Liability for "Unavoidable Casualties" During Maritime Rescue Operations

Amendment to the “Act on Search and Rescue on the Water” Passes the National Assembly

Liability Exemptions Expanded for Damages Occurring During Emergency Towing of Distressed Vessels

A legal basis has been established to reduce criminal liability for rescue and emergency personnel who, while working at sea or in the field of water leisure activities, are unavoidably involved in incidents resulting in casualties.

The Korea Coast Guard announced on August 28 that the amendment to the “Act on Search and Rescue, etc. on the Water” has passed the plenary session of the National Assembly.

The amendment is designed to ensure proactive field response by rescue and emergency personnel and civilian participants, as well as to strengthen the disaster relief cooperation system with relevant agencies.

The revision introduces a new provision stating that, if a person is killed or injured during rescue and emergency activities on the water, penalties for negligent injury, negligent manslaughter, and occupational or grossly negligent manslaughter under articles 266 to 268 of the Criminal Act may be reduced or exempted, provided that such actions were unavoidable and did not involve gross negligence.

Additionally, the scope of agencies exempt from liability for damages occurring during the emergency towing of distressed vessels has been expanded from national agencies to include local governments, public agencies, and other disaster relief cooperation organizations, thereby reinforcing the active cooperation system for rescue among related agencies.

An official from the Korea Coast Guard stated, “This revision is significant in that it establishes an institutional safety net for rescue personnel and civilian participants working in the field to save lives,” adding, “We will continue to cooperate with relevant agencies to build a maritime safety network in which the public can have confidence.”

This content was produced with the assistance of AI translation services.