• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.37-43
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• 2015

At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.