• Journal of the Korean Institute of Navigation
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• v.16 no.3
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• pp.1-17
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• 1992

Although there are numerous regulations provided for the Steering and Sailing Rules on the International Regulation forPreventing Collisions at Sea, 1972(hereinafter called COLREG), the most important Sailing Rules for approaching between two vessels in sight of one another could actually be defined as three typical aspects based on both the COLREG and practical sea experience. The Rules are overtaking , head-on situation and crossing situation applicable, those clearly prescribes on the COLREG. Thus, for easy understanding of these Rules comprehensive legal research is performed by every chapter in this paper so as to make practical implementation by duty officer of apprentice of shipping concerned. Consequently an aim of the study intends not only to exonerate any vessel, or the owner, master or crew there of, from consequences of well understanding and timely implementation to complying with the aforementioned three typical Steering and Sailing Rules which may be required by ordinary practice of seamen but also to avoid risk of collision at sea.

• Journal of the Korean Institute of Intelligent Systems
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• v.21 no.3
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• pp.290-295
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• 2011

On the basis of DCPA(Distance to Closest Point of Approach) and TCPA(Time to CPA), the conventional algorithms for collision avoidances have a drawback that the '72 CORLEGs(International Regulations for Preventing Collisions at Sea, 1972) has not taken into account to prevent collisions between ships. In this paper, the proposed algorithm decides whether the own ship is a give-way vessel or a stand-on vessel by observing the relative bearing of the encountered ship. To determine the ship position and time for collision avoidance, the proposed algorithm utilizes the ellipse model for ship safety domain. The computer simulation is done to represent the process of adversive behavior. Using the proposed method, the past maritime accident is analyzed. The proposed method can be effectively applied to collision avoidance by CORLEGs even when the target ship's navigational lights is invisible in poor weather and/or in the restricted visibility.

• Journal of the Korean Institute of Navigation
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• v.25 no.1
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• pp.61-75
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• 2001

There are two different groups of vessels which have a duty to avoid the other vessel in the Collision Regulations； one is a vessel to keep out of the way and the other is a vessel not to impede the passage. The definition and duty of a vessel not to impede was clarified by IMO＇s adoption of rule 8(f) of 1972 COLREG in 1987 revision. However, the Korean government has not inserted rule 8(f) of 1972 COLREG into Korean national collision regulations to date and so the definition and application for a vessel not to impede has not been discussed in even academic circle. Recently Korean Supreme Court rendered a verdict on a collision case involved with a vessel not to impede. The writer expresses his view on the duty of a vessel not to impede and criticizes the Supreme Court's judgment, consulting with foreign scholar's article and the relevant IMO's papers.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.4
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• pp.421-427
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• 2015

This study aims at reviewing first the cases of marine accidents of small fishing vessels and vessels towing and being towed and, the problems concerning such lights and shapes that could be misunderstood for those in concerned Rules, or that could impair their distinctive characteristics or obstruct to keep a proper look-out. And then I wish to make a suggestion of the necessity of amending the National Laws which stipulate the rules for the ship's lights and shapes as follows; Firstly, by amending the "Standard of Construction and Equipment for the Less Than 10 Gross Tonnage of Small Fishing Vessels" small fishing vessel must be equipped with the lights and shapes that are the same as those of "vessel engaged in fishing" prescribed by Rule 26 of the "COLREG 1972" and Rule 84 of the "Maritime Safety Law Act". Secondly, "Standard of Fishing Vessels Equipment" which stipulate the rules concerning the exception of the running lights and radar reflector for the small fishing vessels must be amended to meet the requirement of Rule 20 of the "Maritime Safety Act". Thirdly, the definition of "Length of the tow" which prescribed by Rule 2 of the "Maritime Safety Act" must be amended to meet the Rule 24 of the "COLREG 1972". And also I wish to adhere to the importance of displaying the adequate vessel lights and shapes by every mariner for preventing marine accidents.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.254-261
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• 2022

Every vessel shall proceed at a safe speed to avoid collision. Additionally, every vessel shall comply with the speed limit rules in the territorial water and internal waters of Korea. The VTS operator shall properly control the compliance of the vessel with the safe speed and speed limit rules. Safe speed under the COLREG 1972 is not explicitly stipulated in knots. However, under the Domestic law for traffic safety-specific sea areas, etc., the speed limit is specified in knots and complied with. This speed limit rule is mainly based on the 'speed made good over the ground'; however, in some places, it is based on the 'speed making way through the water'. In this paper, I analyzed marine accidents that occurred in the past 5 years and the rate of violation of speed limits. Furthermore, I reviewed safe speed under the COLREG 1972, speed limit rules under domestic and foreign laws, and cases of non-compliance with safe speed in the judgment of the Korea Maritime Safety Tribunal. Resultantly, I suggested in this paper that the speed limit rules in the domestic law must be observed by vessels to prevent marine accidents, and the rules which are stipulated in terms of 'speed making way through the water' must be revised as 'speed made good over the ground' such that the vessels can easily comply with them and the VTS operator can control the vessel properly.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.45 no.2
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• pp.106-113
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• 2009

For the safety and cost reduction in the navigation, the automatic and intelligent system has been developed for the vessel, and the most important factor in the system is to decide the collision risk exactly. In this paper, we propose an advanced collision risk decision system for collision avoidance of the system. The conventional researches using DCPA and TCPA for calculating the collision risk have a problem to produce a same collision risk regardless of bearings for the ships, if they are located in the same distance from own ship. To solve this problem, in addition to DCPA and TCPA, we introduce the factor of VCD(variation of compass degree) and constant, CR which derived from COLREG'72(International Regulation for Preventing Collision at Sea, 1972) for evaluating the collision risk including even the burden of own ship navigator due to the encountering angle of each vessels. We decided the collision risk legally by the rule considering the relative situation of vessels. And therefore, the proposed system has two advantages, of which one is to produce more detail collision risk and another is to reflect the real underway situation in conformity with the rule.

• Journal of the Korean Institute of Navigation
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• v.24 no.1
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• pp.13-22
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• 2000

The collisions at sea among marine casualties are not reduced as the tonnage and speed of ship's increase as well as the traffic quantity increase at sea, in spite of the improvement of nautical equipment, enforcement of crew's education and training as well as improvement of quality standard according to the implementation of ISM code. The measures to prevent the collisions at sea are simple, and are composed of six stage.: The first stage is that the officer on duty detect the target from his eye or radar information. The second stage is determining the type and kind of target-ship. The third stage is target tracking; calculation of target speed, course, CPA and TCPA from radar information or visual check. The fourth stage is determination of vessel in danger after calculation of third stage. The fifth stage is the judgement of situation if own ship is stand-on or give way vessel according to the 1972 COLREG. The last stage is to carry out proper action according to 1972 COLREG, under the circumstances. But by the case, the situations are so different under the different external conditions; for example, natural/navigational conditions, crew's human factors, ship's particular, rule or regulation, management system on board, the condition of watch keeping. Therefore the reasons and casualties are so complicated. This study aims to investigate the collision casualty at sea which needs to clarity all these causal factors of afore-mentioned, and to analyze the causes of problems so as to utilize them to establish the measures of preventing marine accidents. This study, described the concepts of causal factors into three groups; environmental factor, and company/on board management system and navigator's act. Also described how to investigate and analyzes the casual factors. Even though it was described in this paper how to detect the causal factors and reasons of collisions, and how to analyze the inter-relation of each causal factors, it is necessary to do further study how to analyze between the liability of concerned parties and the casual factors involved.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.1
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• pp.44-51
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• 2023

The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.