• Journal of Korea Fishing Vessel Association
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• v.50
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• pp.59-62
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• 1992

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.698-707
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• 2019

The removal of oil spilled by the sinking of a foreign ship in Korea's Exclusive Economic Zone (EEZ) began in May 2019 four years after the ship sunk near Jeju Island. The cleanup was conducted by a foreign company that was contracted to the ship-owner's protection & indemnity (P&I) insurance company. In contrast to the time taken to begin the cleanup, the operation itself was completed in just 22days. Compared to similar cases, the decision to begin the removal was a delayed one. This study analyzes all 93 documents related to the ship's sinking and the eventual cleanup, confirming delays in administrative decision-making on the removal, and identifies factors that influenced this delay. These factors include a neglect of accident-related data verification, and other, legal, technical, environmental, and human aspects. Finally, this study suggests ways to improve decision-making efficiency. As the first study dealing with the cleanup in the EEZ, this research is expected to facilitate decision-making and influence the formulation of policies in the future.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.117-118
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• 2007

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted that shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests that the ship was submerged because of crews faults. In this connection, the judge sentenced that this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.229-235
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• 2008

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted toot shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests toot the ship was submerged because of crews faults. In this connection, the judge sentenced toot this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.721-729
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• 2014

The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

• Journal of Korea Ship Safrty Technology Authority
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• v.15
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• pp.88-92
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• 2004

여름철은 태풍내습, 집중호우 등 기상악화에 의한 전복, 침몰 등의 해양사고 발생 위험이 높고 일단 사고가 발생되면 다수의 인명피해, 선박멸실 등 대형사고로 연결될 가능성이 매우 높습니다.<중략>

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.86-86
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• 2017

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.71-71
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• 2017

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.83-83
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• 2017

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.84-84
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• 2017