• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.3-35
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• 2016

The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.129-132
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• 2006

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.808-814
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• 2021

The International Maritime Organization (IMO) explicitly stipulates the required performance of satellite based radio-navigation systems available for navigational purposes. Until 2019, the IMO had only recognized systems that could be serviced globally for satellite based radio-navigation. However, India's regional navigation satellite system has been approved recently, and other regional navigation satellite systems have also been made available for maritime navigation. Thus far, the IMO has approved the use of a total of five satellite navigation systems, such as the GPS, GLONASS, Galileo, BeiDou, and NavIC. In Korea, in addition to the four satellite based radio-navigation systems that are used excluding NavIC, Japan's regional navigation satellite system that has not yet been approved can be received. Japan has requested the IMO to recognize the QZSS as a WWRNS to formalize its use for ocean navigations. Given that the service coverage of the QZSS is not limited to Japanese territorial waters and also includes Korean waters, the suitability analysis of the QZSS for domestic navigation is important for maritime safety. This study aims to analyze the suitability of using the QZSS for domestic navigation. Accordingly, this work explores the status and plans of the QZSS as well as the performance required by the IMO for recognition as a WWRNS. The methods and environmental conditions examined in this work are described, and the analyzed results are presented in terms of positioning accuracy and availability.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.6
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• pp.624-633
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• 2020

In those day, Incheon and Busan local government are arguing about establishment of a maritime court. This study aims to develop a model that evaluates the priority orders for the establishment of maritime courts using maritime casualties counts based on the integrated ELECTRE-CRITIC-ISM technique, as well as to verify its usefulness in the establishment of maritime courts in Korea. For this purpose, a total of 22 ports, excluding nine ports where maritime accident data were integrated and managed among the 31 international trade ports, were matched with the jurisdiction of six alternative high courts. Second, the CRITIC method was used to calculate the weights of the number of maritime casualties during a 5-year period that were evaluation factors and combine with the ELECTRE method. Finally, the ELECTRE&ISM method was used to analyze the concordance and discordance between high courts and evaluate the priority orders considering the fluctuations of maritime casualties counts. As the final evaluation result considering the mean values in fluctuations of maritime casualties counts, the Busan High Court ranked first, the Gwangju high court second, the Seoul high court third, the Daejeon and the Daegu high court forth (equal), and the Suwon high court sith. Therefore, it is necessary to preferentially establish a maritime court in the jurisdiction of the Busan High Court.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.21-26
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• 2006

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.92-93
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• 2005

A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

• 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.

• Journal of the Korean Society for Marine Environment & Energy
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• v.17 no.4
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• pp.297-305
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• 2014

In this study, we installed the Automatic Identification System (AIS) receiver on the Ieodo Ocean Research Station (IORS) from November 21 to 30, 2013 in order to monitor marine traffic and fishery activity in the jurisdictional sea area. The collected AIS raw data consist of static data report (MMSI, IMO NO., Call Sign, Ship Name, etc.) and position information report (position, speed, course, etc.), and the developed program was applied to classify ships according to ship flag and type information. The nationalities are released from the first three-digit numbers (MID) of MMSI, but in general most of small ships do not send an exact ship flag through Class B type AIS, a simplified and low-power equipment. From AIS data with flag information, ships under the flag of China had the highest frequency and the second was Korean flag, while in ship type cargo and fishing vessels were dominant in sequence. As for the ships without flag information, we compared the tracks with others in order to estimate ship flags. It can be said that fleets of ships with Chinese frequently appear sail together for fisheries over the waters, because the unknown ships followed a similar moving pattern with Chinese fishing vessels.

• Journal of Navigation and Port Research
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• v.43 no.3
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• pp.166-171
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• 2019

Aids to Navigation(AtoN) Accident can reduce the credibility of AtoN by adding extra works to the administrators, and cause burdens and inconveniences to the users during their navigation leading to social costs (or economic losses). Prior research on social cost estimation model to determine the Encounter cost, Administrative cost and Risk cost on the Aton model was done to estimate the economic losses due to AtoN Accident. However, this research could not provide adequate study results on risk cost estimates. Therefore, this study complements the estimation model presented in the previous study, and the estimated social cost of 249 AtoN Accidents that occurred during the last 10 years (2008-2017) in the Busan Regional Office of Oceans and Fisheries jurisdiction area. The risk cost was estimated using contingent valuation method since the AtoN is a non-market goods. As a result, the social cost of AtoN Accidents for the past 10 years was estimated to total 12.4 billion won including Encounter cost of 3.1 billion won (25.38%), Administrative cost of 1.7 billion won (13.62%), and Risk cost of 7.5 billion won (61.01%).