• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.7
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• pp.812-818
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• 2023

During the years 2016 to 2020, the Ministry of Oceans and Fisheries embarked on a strategic initiative to develop a comprehensive Korean e-navigation system, which encompassed the establishment of an 'Long Term Evolution for Maritime (LTE-M).' The primary objectives were to proactively align with international navigation standards and enhance maritime safety for small vessels, particularly fishing boats. However, limitations were identified in the utilization of this network, primarily its constrained application for specific purposes. In response to these limitations, this study delves into user-centric investigations through surveys and interviews, with the goal of expanding the horizon of network utilization. User requirements emerged as the result of study, emphasizing the need for broader network applications, a wider range of target users, diverse network utilization methods, and regulatory streamlining. The user-driven insights gleaned from this study hold the potential to inform and shape future legislative measures, fostering more versatile and inclusive LTE-M network utilization for enhanced maritime safety.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• 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.

• Journal of the Korean Society for Marine Environment & Energy
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• v.8 no.4
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• pp.227-235
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• 2005

This study aimed at suggesting management policy directions for the uninhabited islands of Korea which are national land resources with economic potential for tourism and development and strategic value for boundary delineation of territorial waters and exclusive economic zone as well as their unique ecological status. Review of existing management arrangements related to the uninhabited islands revealed six management issues to be addressed: insufficient data and their low reliability, lack of management policy directions, increase in ecosystem deterioration and perturbation by human activities, lack of policy measures for meeting utilization and development demands, weak management base with insufficient personnel and budget, and legal measures not taking Into account their unique ecological and socioeconomic characteristics. The management policy directions to improve the management of the uninhabited islands of Korea include management directions and strategies, and suggestions for legal improvement. Considering the unique ecological value of the uninhabited islands, management directions suggested are anti-degradation in which current and future demands for their utilization and development do not degrade the ecological potential of the uninhabited islands and integration in which land and sea areas are managed as an integrated management unit. Four strategies proposed to follow the management directions are enhancement of the knowledge base through a comprehensive survey, development and legislation of guidelines for the rational management of utilization and development demands, establishment of the comprehensive island debris collection and disposal system, and enhancement of management capacity. Legal improvement for the effective implementation of the management policy directions should include comprehensive uninhabited islands survey, legal utilization restraints and management guidelines based on classification of the islands, management boundary, and improvement of regulations on designated islands.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.995-1003
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• 2021

Coastal compound disasters are becoming more extreme and more frequent due to climate change. Thus, appropriate and systematic disaster management is necessary to reduce potential losses. One solution to this is the creation of a coastal compound disaster management area. However, Korea's "Countermeasures against Natural Disasters Act" needs to be reformed to introduce this coastal compound disaster management area. In this study, we tried to find the appropriate direction for reforming the Act in order to establish a basis for implementing regulations on the Coastal Compound Disaster Management Area with regard to three aspects: science-based management, cooperative management, and adaptive management. The study was on the premise that the system would be operated based on the provisions of the "Countermeasures against Natural Disasters Act". Consequently for effective science-based management, it is necessary to introduce a disaster risk assessment framework. Based on the results obtained through the implementation of this framework, the management areas should be set with differential measures. Next, cooperation among the various ministries is essential to successfully respond to disasters. This study recommends the establishment of an advisory council composed of the related government departments as a pragmatic solution. Finally, in terms of adaptive management, we found that parallelly utilizing non-structural measures could compensate for the limitations of structural measures.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.5
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• pp.470-478
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• 2023

All people have human rights that should be protected, and today, the importance of protecting human rights is emphasized in all areas of society. The industry is also carrying out activities to protect the human rights of workers, such as implementing human rights education for human rights management and preparing a response system for human rights violations. However, due to the closed environment and special working conditions, seafarers on board are often placed in a blind spot in human rights protection. In particular, a number of cases of human rights violations concerning beginner seafarers, including cadets, have been identified, and relevant research is insufficient compared to other occupational groups. Jobs that restrict basic human rights cannot be envied by anyone. In this study, implications and problems were derived based on the results of a human rights survey of cadets, and cases of human rights violations, and improvement measures were proposed. The cadets had a very negative perception of human rights violations before boarding. However, it was found that their perception changed after boarding. It was confirmed that cadets have unnecessary fears and concerns before boarding. Improvement measures include the establishment of a legal system for the status of cadets, measures to alleviate non-physical human rights violations, improvement of human rights violations handling procedures and response systems, and enhancing the effectiveness of human rights education.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.6
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• pp.679-685
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• 2018

In order to reduce marine accidents using advanced information and communication technology, various research and development projects are conducted globally on e-Navigation related technologies and services. Existing studies do not provide policy measures for LTE-M. In order for these technologies and services to be installed on vessels and to contribute to the prevention of accidents at sea, the law should be expand operational organizations and systems. In particular, communication equipment and related technical standards should be prepared, and its digital communication technology (LTE-M, VDES, Digital-MF / HF, etc.) In this study, we conducted short, medium, and long term performance assessment of the identification system and the policy for effective implementation of Korean e-Navigation. We presented a visible plan of the relevant policy. For example, e-Navigation core services, e-Navigation communication networks and operating systems, e-Navigation international standard leading technologies and e-navigation services activated in the field. To do this, we conducted research based on the progress data of the Korean e-Navigation project, which was led by the Ministry of Maritime Affairs and Fisheries, and conducted research discussions with practitioners and experts in related fields. As a result of this study, it is expected that the proposed policies will contribute to the reduction of marine accidents, the promotion of the maritime industry and the development of additional government policies for national security.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.324-333
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• 2022

The COVID-19 pandemic reminded us again of the importance of essential workers who perform their roles in maintaining the stability of people's daily lives worldwide. Therefore, the International Maritime Organization and overseas countries designated seafarers as essential workers and proposed relevant measures for their protection to enable them to perform their role. In particular, the International Maritime Organization (IMO) urges related associations and member states to support safe boarding and disembarkation of seafarers. However, Seafarers were restricted from boarding or disembarking, shore leave and hospital treatment in certain countries owing to extreme nationalism. This study compares and analyzes the cases of international organizations and major overseas countries to provide a logical basis for the protection of seafarers who play an essential role in the safety of the global supply chain despite the COVID-19 pandemic. This study identifies the need to protect seafarers and their roles as essential workers in the shipping industry and suggests necessary aspects and institutional improvement measures for improving seafarers' working environment to strengthen the shipping industry's resilience. This study is expected to serve as future basic data for national policies aimed at reflecting the roles of seafarers as essential workers and the need to protect them.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.4
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• pp.376-384
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• 2017

Ship's Bunkering Business is one of the essential businesses creating added values of the port as a hub for a stream of the international logistics. Regulatory considerations of ship's bunkering business should be made to create a more relevant system and stabilize the bunkering industry so that the ports may produce more substantial added values. This paper suggests revisions the Harbor Transport Business Act, the Marine Transport Act, putting forward an idea of unifying safety management systems, establishing a guideline for bunker quality managements, and changing the laws regarding any wrongdoings of bunker suppliers. In conclusion, in order to increase the managerial integrity of the bunkering operators, reasonable burdens should be distributed across the government, refinery companies and ship-owners to achieve a more balanced state and enable long-term development to advance the business at issue, following a step-by-step approach to amend the contract practice, the laws and the systems.

• Ocean and Polar Research
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• v.30 no.1
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• pp.89-107
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• 2008

Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.