• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.353-365
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• 2020

The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

• 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 Association of Geographic Information Studies
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• v.22 no.2
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• pp.50-64
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• 2019

According to the Maritime Safety Act, there are all 34 routes including 5 traffic safety zones, 3 traffic separation schemes, 26 routes designated by regional maritime affairs departments in the Republic of Korea. In the SOLAS convention, the route information should be is effectively used for the safe navigation. However, the route information is complicatedly composed of the location of the route, the navigation rule by each route, the restriction of the navigation, and the anchorages. Moreover, the present method of providing information using the navigational chart and other publications is not effective for users to grasp the navigational information. Therefore, it was conducted to study the design of the S-100 based routing information data model developed by the International Hydrographic Organization to find ways to more effectively provide route information. To do this, the analysis of route requirement, selection of items, encoding test and users' review were carried out. Through expert user review, it was evaluated that the study on the design of the route information data model can be utilized as a good basic data for the route information integration service. Future research on the development of route information data models is expected to provide integrated route information services.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.5
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• pp.550-559
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• 2019

The sinking of the M/V SEWOL in April 2014 was not a mere marine accident, but a marine catastrophe. This grim case developed into a social tragedy that impinged the national sentiment and communal integrity. It is imperative that thorough provisions and measures be outlined at the national level with regard to massive marine accidents, oil pollution, and natural disasters that might critically affect government affairs. Pivoting on "The Black Swan Theory," a concept of improperly rationalizing a national crisis based on uncertainties, this research assesses a variety of response strategies that minimize the national economic and social damage caused by a large-scale marine disaster. Along with the effort of minimizing any potential defects in each protective barrier, the "Black Swan Detection System of the Marine Disaster" needs to be incorporated to prevent cases wherein such defects lead to an actual crisis. Maritime safety must be systematically unified under a supervisory organization, and a structure for maritime crisis on-scene command and cooperation must likewise be established in order that every force on the scene of a marine disaster may act effectively and consistently under the direction of an on-scene commander.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.280-289
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• 2022

Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.30 no.2
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• pp.200-208
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• 2024

The occurrence a fire on a training ship with a large number of people on board can lead to severe casualties. Hence the Seafarers' Act and Safety Life At Sea(SOLAS) emphasizes the importance of the abandon ship drill. Therefore, in this study, the training ship of Mokpo National Maritime University, Segero, which has a large number of people on board, was selected as the target ship and the likelihood and severity of fire accidents on each deck were predicted through the preliminary hazard analysis(PHA) qualitative risk assessment. Additionally, assuming a fire in a high-risk area, a simulation of evacuation time and population density was performed to quantitatively predict the risk. The the total evacuation time was predicted to be the longest at 501s in the meal time scenario, in which the population distribution was concentrated in one area. Depending on the scenario, some decks had relatively high population densities of over 1.4pers/m², preventing stagnation in the number of evacuees. The results of this study are expected to be used as basic data to develop training scenarios for training ships by quantifying evacuation time and population density according to various evacuation scenarios, and the research can be expanded in the future through comparison of mathematical models and experimental values.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.49-58
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• 2014

The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.2
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• pp.179-185
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• 2014

A use of Asbestos onboard was banned by the provisions of SOLAS since 1 January 2011. And this provision was also implemented by the Rule for Ship's Facilities in Korea. However, these provisions were only declaration and there were no detailed measures for detect, removal and confirmation. In this study, by reviewing the Ship Recycling Convention, IMO circulars and Asbestos Safe Management Act, the following strategies for each concerned parties were proposed. The administration and class society should establish the provisions for appointment of subject vessel which to be inspected for asbestos, criteria for asbestos management and appointment of handling expert. The shipbuilder and equipment manufacturer should make written confirmation that asbestos was not used in their product. And shipowner and ship manager should establish procedure for onboard control of asbestos in the ship's safe management system.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.39-46
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• 2022

Piracy cases have been increasing globally since 2007. Recently, the waters of West Africa including the Gulf of Guinea, emerged as the most dangerous areas in the world. To prevent piracy damage to ships and crew, the Korean government amended the Piracy Damage Prevention Act on August 17, 2021 to newly define the risk area and the high-risk area for piracy. It also established the legal framework for restricting the entry of ships into such high-risk areas. This study aims to discuss and present a plan for establishing risk areas and high-risk areas for piracy to be noticed by the government in accordance with the amended Act. In this study, international piracy trends, international response measures and the status of international high-risk areas were investigated and analyzed, the matters to be considered to designate high-risk areas were identified. It is expected that the resulting information on high-risk areas for piracy can be utilized not only for the development of government policies on the prevention of piracy, but also as basic academic data.