• Title/Summary/Keyword: 관할해역

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A Review on the International Criminal Law of the Murder Case on Board - Focus on the Fishing Vessel "803 Gwang-Hyeon" - (선상 살인사건의 국제형사법적 고찰 - 803광현호 사건을 중심으로 -)

  • Park, Se-Yeong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.5
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    • pp.482-487
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    • 2017
  • It is necessary to respond to criminal cases on board of pelagic fishing boats in the international waters with domestic legal judgement and international legal judgement due to a natural limitation by geographical long distance while it is possible to deal with domestic criminal cases with prompt response by using air crafts or patrol vessels. In other words, according to the flag of the vessel, the legal status of the water where is the crime scene, the nationalities of the victim and the perpetrator, it is required to judge if Korea can exert their jurisdiction and there is an issue if Korea Coast Guard exert their law enforcement effectively with this natural problem. In this paper, I propose a systemic improvement for a swift investigation for henceforth similar case's occurrence by analyzing the jurisdiction, the suspect's handling, the basic cause of the murder on-board which are based on the case of the vessel No.803 Gwang-Hyeon which was happened recently.

Improvements in the Marine Environmental Survey on Impact of Seawater Qualities and Ecosystems due to Marine Sand Mining (바다모래 채취 시 해수 수질 및 생태계 영향에 대한 해양환경조사 개선 방안)

  • Kim, Yeong-Tae;Kim, Gui-Young;Jeon, Kyeong-Am;Eom, Ki-Hyuk;Kim, In-Chul;Choi, Bo-Ram;Kim, Hee-Jung;Kim, Jin-Min
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.2
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    • pp.143-156
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    • 2014
  • We reviewed investigation status on turbidity plume in the statement of marine environmental survey(2008 to 2012) associated with marine sand extraction projects. The survey statement from seven marine sand extraction sites (extraction area of Southern EEZ, extraction area of Western EEZ, relocation zone in the Western EEZ, sea area under jurisdiction of Taean-gun, sea area under jurisdiction of Ansan City, and two discrete sea areas under jurisdiction of Ongjin-gun) in the nearshore and offshore of Korea showed that in situ observations were carried out for the dispersion and transport of suspended sediments on two areas (One is a extraction area in the EEZs, the other is an area of coastal sites). However, sampling station and range have not been selected considering physical, geographical factors (tide, wave, stratification, water depth, etc.) and weather conditions (wind direction and velocity, fetch, duration, etc). Especially turbidity plumes originating from three sources, which include suspended sediments in overflow(or overspill) discharged from spillways and reject chutes of dredging vessel, and resuspended sediments from draghead at the seabed, may be transported to a far greater distance outside the boundary of the extraction site and have undesirable impacts on the marine environment and ecosystem. We address that behaviour of environmental pollutants such as suspended solids, nutrients, and metals should be extensively monitored and diagnosed during the dispersion and transport of the plume. Finally we suggest the necessity to supplement the current system of the sea area utilization consultation and establish the combined guidelines on marine sand extraction to collect basic data, to monitor cumulative effects, and to minimize environmental damages incurred by the aftermath of sand extraction.

Magnetic anomaly in the southern part of the Yellow Sea (서해남부해역의 지자기 이상대 해석)

  • Kim, Sung-Bae;Choi, Sung-Ho;Suh, Man-Cheol
    • 한국지구물리탐사학회:학술대회논문집
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    • 2008.10a
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    • pp.85-92
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    • 2008
  • National Oceanographic Research Institute is carrying out an oceanographic survey for the entire sea areas around Korean Peninsula annually starting with the East Sea from 1996 by establishing a national oceanographic basic map survey plan for the sea areas under the jurisdiction of Korea, so this paper used the oceanographic geomagnetism data measured at the southern area of the Yellow Sea using 'Hae Yang 2000' in 1999, aiming at clarifying the cause of geomagnetic abnormality zone during the course of treating and analyzing the geomagnetic data. For treatment of magnetic data, we obtained electromagnetic force values and geomagnetic abnormality values around the investigated sea area through a process of searching and removal of bad data, correction of sensor positions, correction of magnetic field effects around the hull, correction of diurnal variation, normal correction, correction of cross point errors, etc. The electromagnetic force distribution around the investigated sea area was $49000\;{\sim}\;51600\;nT$, which is judged to be within the normal electromagnetic force intensity distribution range around the Yellow Sea. The isodynamic lines are distributed in Northeast-Southwest direction, and electromagnetic force values are increasing toward the northwest. The result of comparing the magnetic abnormality around the sea area among $124^{\circ}$ 49' 48" E, $35^{\circ}$ 10' 48" N $\sim$ $125^{\circ}$ 7' 48" E, and $35^{\circ}$ 33' 00" N sections with the elastic wave cross section and the result of modeling coincide well with the underground geological structure clarified from the existing elastic wave survey cross section. Therefore, it is judged that the distribution of magnetic force abnormality generally shows the effect pursuant to the distribution of the sedimentary basins in the Tertiary period and the bedrocks in the Cretaceous period which are well developed in the bottom of the sea.

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A Study on the Construction of Coastal VTS in Mokpo Coastal Waters (목포연안에서의 연안VTS설치에 관한 연구)

  • Moon, Beom-Sik;Jong, Jae-Yong;Gug, Seung-Gi;Kim, Se-Won;Park, Jin-Soo
    • Journal of Navigation and Port Research
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    • v.26 no.3
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    • pp.261-268
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    • 2002
  • At recently, Oil spill accident of large size oiler that happen domestic and outside the country is occured to social impact us as well as economical damage in sea environment. Also, because spread extent of pollution accident is reaching harbor, bay and close water areas, as necessity that traffic control ships are sea place. VTS is changing to concept that control space is magnified gradually. Our country is operated to 14 harbors which is control center. But abroad is operating coastal VTS that do main waterway and coastals to authority dimension. Therefore, necessity that traffic density of ship manages high coastals and ship traffic of waterway to our country is risen. This paper is execute sea traffic survey at Mokop sea areas and sea casualty occurs. It proposal that coastal VTS center field of most suitable and position of radar site.

관제정보 제공의 최적화 시간대에 관한 연구

  • Lee, Jeong-Gu;Kim, Myeong-Su;Han, Song-Hui
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2016.05a
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    • pp.282-284
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    • 2016
  • 1992년 포항을 시작으로 현재 전국 항만 및 연안에 18개소의 VTS가 설치 운영 중에 있다. VTS에서 제공하는 안전 정보로 인한 관할 해역의 해양사고 감소 및 해양환경 보전에 기여 했다는 점은 논의할 여지가 없을 것이다. 하지만 폭발적으로 늘어나는 관제정보 제공에 대한 기준은 관제사마다 느끼는 바가 상이하여 선박이 처한 상황과 환경에 따른 정보 제공 기준을 마련할 필요가 있다하겠다. 본 연구에서는 기억 및 망각 이론과 설문조사를 통하여 VTS의 최대 이용자인 운항자 측면에서 정보 제공에 필요한 적절한 시간 및 거리를 상황별로 제시하고 VTS에서 지양해야 할 사항 등을 거론하였다.

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안전 정보 제공의 최적화에 대한 고찰

  • Lee, Jeong-Gu;Park, Jong-Ik;Kim, Seong-Jin
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2013.06a
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    • pp.411-413
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    • 2013
  • 1992년 포항을 시작으로 현재 전국 항만에 15개소의 VTS가 설치 운영 중에 있다. VTS에서 제공하는 안전 정보로 인한 관할 해역의 사고 건수 감소 및 해양환경 보전에 기여 했다는 점은 논의할 여지가 없을 것이다. 하지만 폭발적으로 늘어나는 안전정보 제공에 대한 기준은 관제사마다 느끼는 바가 상이하여 선박이 처한 상황과 환경에 따른 정보 제공 기준을 마련할 필요가 있다하겠다. 본 연구에서는 기억 및 망각 이론과 설문조사를 통하여 VTS의 최대 이용자인 운항자 측면에서 정보 제공에 필요한 적절한 시간 및 거리를 상황별로 제시하고 VTS에서 지양해야 할 사항 등을 거론하였다.

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어선 특징 분석을 기반으로 한 통영연안VTS 관제구역 내 해상교통안전 증진에 관한 연구

  • 박경효;박동현;최상현;양민규;김성훈;문권식
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.06a
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    • pp.262-264
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    • 2022
  • 통영연안VTS 관제구역은 남해 주요 항만으로 가기 위한 중요 길목으로서 일평균 700 척의 선박이 이용하고 있다. 최근 3년간 통계 자료에 따르면, 관할 해역 전체 해양사고 중 내항 어선과 관련된 사고가 약 70 퍼센트를 차지하고 있다. 최근 해상교통환경이 복잡해짐에 따라 비관제대상인 내항 어선의 민원이 증가하고 있으며, 안전관리를 위한 대책 마련의 목소리가 높아지고 있다. 이에 제도적, 기술적 개선 방안을 중심으로 해상교통안전 증진 방안을 살펴보았다.

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Analysis of the Operation of China Air Defense Identification Zone (CADIZ) corresponding to the PRC's maritime strategy and the ROK's response measures (중국의 해양전략과 연계한 중국방공식별구역(CADIZ) 운영 분석과 우리의 대응방안)

  • Kim, Dongsoo;Chong, Mangseok;Hong, Sungpyo
    • Journal of Aerospace System Engineering
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    • v.11 no.2
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    • pp.35-42
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    • 2017
  • This paper analyzes the intention of the PRC (People's Republic of China) to establish and operate CADIZ to implement the government's maritime policy and strategy and to project its air power in preparation for maritime provocation and contingency, especially over the area where East Asia countries have claimed to have maritime jurisdiction over one another. This paper is also intended to guide the Republic of Korea's response measures for coping with the maritime intention and threat of China by such measures as reinforcing military power, constructing the strategic air base in Jeju, and expanding the present KADIZ.

Analysis on the Legal Impacts of Sea-Level Rise for the Application of the UN Convention on the Law of the Sea (해수면 상승이 유엔해양법협약 적용에 미치는 영향 분석)

  • Yong Hee Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.147-159
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    • 2023
  • Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.