• Title, Summary, Keyword: International Safety Management Code

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International Safety Management(ISM) Code and Duty of Due Diligence of Ocean Carrier (국제안전관리규약(國際安全管理規約)(ISM Code)과 해상운송인(海上運送人)의 주의의무(注意義務))

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.469-492
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    • 2000
  • "International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

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A basic study on the introduction of safety management system for the deep-sea fishing vessel in Korea (원양어선 안전관리체제 도입에 관한 기초 연구)

  • LEE, Yoo-Won;KIM, Seok-Jae;PARK, Tae-Geun;PARK, Tae-Sun;KIM, Hyung-seok;RYU, Kyong-Jin
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.52 no.4
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    • pp.364-371
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    • 2016
  • The analysis on the international safety management code (ISM Code) and case of foreign national safety management for fishing vessel was conducted to serve as a basic data on the introduction of safety management system (SMS) for a deep-sea fishing vessel in Korea. As a result, Maritime New Zealand (MNZ) has managed operations of SMS in the maritime rules according to the Maritime Transport Act since 1994. MNZ underwent a safe ship management (SSM), which includes elements applied to shipping companies, ship and verification of the ISM Code for ships, except ISM Code application since 1998. In 2014 the introduction of the advanced maritime operator safety system (MOSS) superior to the SSM by MNZ was promoted actively switch and enforcement. Meanwhile, the safe operation manual of Japanese fishing vessel includes large part of the contents of the ISM Code, and voluntary implementation to fit the realities of the fishing vessel. The law application of SMS for a deep-sea fishing vessel after the newly establishment of the Ocean Industry Development Act to SMS would be advantageous to the schematic management, supervision, maintenance and application and, in 2016 from the implementation of maritime safety supervisor for a deep-sea fishing vessel that the management and supervision through the fishing vessel will be the efficient operation. The configuration of the safety management system in a deep-sea fishing vessel should be included as an element of ISM Code. The introduction of such a system is gradually applicable, such as nationality overseas vessel case study of the ISM Code, and vessels that are excluded from the application will be implemented as autonomous as Japan. The results are expected to contribute to sustainable development in the ocean industry safety culture spread throughout the ocean industry through the enhancement of safety fishing competency and safety management responsibility of fisher.

Legal Issues in Application of the ISPS Code under Marine Cargo Insurance (해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점)

  • Lee, Won-Jeong;Yoo, Byung-Ryong
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.307-316
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    • 2014
  • In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

A Study on Requirements of ISPS Code - By Comparative Analysis of ISO 9001 and ISM Code - (ISPS Code의 요건에 관한 연구 - ISO 9001 및 ISM Code와의 비교분석을 통해 -)

  • 조동오;이영선
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.9 no.1
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    • pp.25-31
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    • 2003
  • In 1994, the International Maritime Organization (IMO) adopted the International Safety Management Code (ISM Code) as SOLAS convention to ensure the safe operation of ships and to protect marine environment from pollution In December 2002, the IMO adopted the International Ship and Port Facility Security Code (ISPS Code) in the Chapter XI-1 of SOLAS to ensure the security of ships, crew, cargo and port facility. With 1 July 2004 being the coming into effective date of ISPS Code, there is a sense of urgency among the shipping companies and port authorities to accomodate the ISPS Code. Although both the ISM Code and the ISPS Code are based on the management system concept introduced in the ISO 9001, two Codes pursue different objective. Accordingly, it is meaningful to compare and analyze the requirements of three standards. In this article, the backgrounds, principles and requirements of three standards are analyzed and presented to offer several suggestions on the establishment and implementation of security measures in compliance with the ISPS Code to the shipping industry in time.

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A Study on Cybersecurity Risk Assessment in Maritime Sector (해상분야 사이버보안 위험도 분석)

  • Yoo, Yun-Ja;Park, Han-Seon;Park, Hye-Ri;Park, Sang-Won
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • pp.134-136
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    • 2019
  • The International Maritime Organization (IMO) issued 2017 Guidelines on maritime cyber risk management. In accordance with IMO's maritime cyber risk management guidelines, each flag State is required to comply with the Safety Management System (SMS) of the International Safety Management Code (ISM) that the cyber risks should be integrated and managed before the first annual audit following January 1, 2021. In this paper, to identify cyber security management targets and risk factors in the maritime sector and to conduct vulnerability analysis, we catagorized the cyber security sector in management, technical and physical sector in maritime sector based on the industry guidelines and international standards proposed by IMO. In addition, the Risk Matrix was used to conduct a qualitative risk assessment according to risk factors by cyber security sector.

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A Fundamental Study on the Introduction Result Analysis and Activation Plan Establishment of Coastal Safety Management Code (내항선안전관리규약(CSM Code)의 도입 성과 분석 및 활성화 방안수립을 위한 기초적 연구)

  • Noh Chang-Kyun;Chong Chong-Ho
    • Proceedings of KOSOMES biannual meeting
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    • pp.23-29
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    • 2005
  • Our country marine transport enterprise the international from competitive power from the hazard which develops at marine transport powerful country the government and marine transport presentation with activation of safety management protection of life Protection and oceanic environment from the sea hazard at the place where compared to it is endeavoring more the activation plan so far regarding the safety management from the coastal line insufficient are and the system and actuality safety management activation plan which is suitable in the coastal line is necessary. From the research which it sees consequently today a result analysis of coastal line safety management and the development direction of activation plan importance from it let in the immediacy which from the marine transport enterprise is important with the international and oceanic environmental protection it presented.

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The Assessment and Evaluatin of International Safety Management Code

  • Gu, Wenxian;Wang, Jianping
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • pp.63-69
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    • 1997
  • A series of internatinoal standards in connection with safety of ships, safety management and operation of company, and pollution prevention at sea has been provided in ISM. And that Cheapter IX has been adopted in SOLAS with ISM as its annex gives this code mandatory effect On the eve of the implementation of ISM by IMO. Administrations, classifications, other maritime industry organizations as well as all shipping companies assessmentand evalution have been made inthis paper to thedevelopment of marine safety culture through the discussion of the general recognition of safety culture by IMO and her Contracting States, thenecessity for establishing unity of benefit and safety in a shipping company, the development of scientific safety managment systems and new reflections of safety culture in internation shipping industries.

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A Study on the Qualifications of Designated Person on the Maritime Safety Act (해사안전법상 안전관리책임자 및 안전관리자의 자격요건에 관한 연구)

  • Jin, Ho-Hyun;Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.37 no.5
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    • pp.519-526
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    • 2013
  • In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

A research for improvement methods in the aspect of safety engineering through risk analysis of facilities for multiple use - Focused on escalator and passenger conveyors - (다중이용시설물 위험분석을 통한 안전공학적 개선 방안에 관한 연구 (에스컬레이터 및 수평보행기를 중심으로))

  • Kwon, Sun-Geol;Kim, Jin-Soo;Kim, Chang-Eun
    • Journal of the Korea Safety Management & Science
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    • v.15 no.1
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    • pp.31-40
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    • 2013
  • For the matter of elevator, one of the multi-use facilities for unspecified public, the JIS has re-established and reformed to apply to the environment in South Korea for the past 20 years. In the aspect of safety assurance, it was inevitable to suggest improved measures. The government, Ministry of Public Administration and Security has secured the safety by enhancing the safety management functions in the elevator inspection standards and expanding its safety device measures. Further, the international inspection standard has been introduced, which is about unifying inspection standard system into the international standard code. In March 14th 2012, the international standard (EN) has been amended and fully announced. Escalator and passenger conveyor among lift devices have several common danger factor that cause safety accident. First, the accident caused by decreased braking power of brake. Second, the accident caused by the rate difference between handrail and tread-board. Third, the accident caused by defects of contraflow preventing device or carelessness inspection. Fourth, the accident caused by wet tread-board or wet floor of platform which makes passenger slip and fall. As the improvements to prevent and reduce these negligent accidents, the inspection list to check and methods should be subdivided and applied for each accident likelihood cause for safety management enhancement and safety assurance of existing escalator and passenger conveyors. The escalators and passenger conveyors without safety devices in existence should be obliged to modify the part of the system or install additional safety device. With making these measures obligations, it requires to improve the system to be suitable for the international inspection standard and to have measures to prevent safety accidents. It also needs to arrange improvements for skid accident of tread-board by the external environment factors such as snow and rain.

A study on the developments of STCW training of seafarers on ships applying in the IGF Code

  • Han, Se-Hyun;Lee, Young-Chan
    • Journal of Advanced Marine Engineering and Technology
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    • v.39 no.10
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    • pp.1054-1061
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    • 2015
  • The International Maritime Organization (IMO) has been regulating emissions by making mandatory the compliance with institutions aimed at protecting air quality such as the Energy Efficiency Design Index (EEDI), Ship Energy Efficiency Management Plan (SEEMP) and Tier III. Under the circumstances, one of the response measures considered to be the most feasible is the replacement of existing marine fuel with Liquefied Natural Gas (LNG). The industry has been preemptively building infrastructure and developing and spreading engine technology to enable the use of LNG-fueled ships. The IMO, in turn, recently adopted the International Code of Safety for Ships Using Gases or Other Low-Flash-Point Fuels (IGF Code) as an institutional measure. Thus, it is required to comply with regulations on safety-related design and systems focused on response against potential risk for LNG-fueled ships, in which low-flash-point fuel is handled in the engine room. Especially, the Standards of Training, Certification and Watchkeeping (STCW) Convention was amended accordingly. It has adopted the qualification and training requirements for seafarers who are to provide service aboard ships subject to the IGF Code exemplified by LNG-fueled ships. The expansion in the use of LNG-fueled ships and relevant facilities in fact is expected to increase demand for talents. Thus, the time is ripe to develop methods to set up appropriate STCW training courses for seafarers who board ships subject to the IGF Code. In this study, the STCW Convention and existing STCW training courses applied to seafarers offering service aboard ships subject to the IGF Code are reviewed. The results were reflected to propose ways to design new STCW training courses needed for ships subject to the IGF Code and to identify and improve insufficiencies of the STCW Convention in relation to the IGF Code.