• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.26 no.3
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• pp.263-276
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• 2021

Marine benthic organisms have been used as the indicators for the environment assessment and recently considered as a very important component in the biodiversity and ecosystem restoration. In Korean waters, the quantitative data on marine benthos was used as one of major components for the marine pollution assessment for 50 years since 1970s. The species identification which is an important factor for the quantitative biological data was mainly performed by the marine benthic ecologists. This leads to the deterioration of the data quality on marine benthos from the misidentication of major taxonomic groups due to the lack of taxonomic expertise in Korea. This taxonomic problem has not been solved until now and remains in most data from national research projects on the marine ecosystems in Korean waters. Here we introduce the quality assurance and control (QA/QC) system for the marine biological data in UK, that is, NMBAQC (Northeast Atlantic Marine Biological Analytic and Quality Control) Scheme which has been performed by private companies to solve similar species identification problems in UK. This scheme asks for all marine laboratories which want to participate to any national monitoring programs in UK to keep their identification potency at high level by the internal quality assurance systems and provides a series of taxonomic workshops and literature to increase their capability. They also performs the external quality control for the marine laboratories by performing the Ring Test using standard specimens on various faunal groups. In the case of Korea, there are few taxonomic expertise in two existing national institutions and so they can't solve the taxonomic problems in marine benthic fauna data. We would like to provide a few necessary suggestions to solve the taxonomic problems in Korean marine biological data in short-terms and long-terms: (1) the identification of all dominant species in marine biological data should be confirmed by taxonomic expertise, (2) all the national research programs should include taxonomic experts, and (3) establishing a private company, like the Korea marine organism identification association (KMOIA), which can perform the QA/QC system on the marine organisms and support all Korean marine laboratories by providing taxonomic literature and species identification workshops to enhance their potency. The last suggestion needs more efforts and time for the establishment of that taxonomic company by gathering the detailed contents and related opinions from diverse stakeholders in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.187-210
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• 2009

Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

• Journal of Wetlands Research
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• v.15 no.4
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• pp.477-484
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• 2013

In 1999, Wetlands Conservation Act was enacted for the domestic implementation of the Ramsar Convention in Korea. According to the Act, wetlands have been managed by the Ministry of Environment and the Ministry of Oceans and Fisheries(MOF). In the field of coastal wetland of which MOF is in charge, starting with the designation of Muan coastal wetlands as protected area in 2001, there are 12 wetland conservation areas up to $218.96km^2$. Even though there has been rapid growth of protected areas, it is time to give attention to the effective implementation of wetland conservation policies. This study aims to analyze institutional and operational problems related to wetland management and give some recommendations for the improvement of the wetland conservation policy and legal framework.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.175-179
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• 2006

With the rapid development of oil and chemical industry in the late 20C, massive transportation of oil by oil tanker vessel has grown and it caused the big oil pollution accidents. When oil spill from the oil tanker, damages reach into the astronomical figures in economically and damages affect wide area and many people with break the balance of ecosystem. Recently in Korea, the oil pollution accidents has occurred frequently as growing of oil consumption and it caused large-scale damages to the victim. Oil pollution in Korean offshore takes not only korean fishermen from their life ground and break the ecosystem but it takes too much time and money to recover. To minimize oil pollution damages, it is necessary to make pre-caution effort as a ship owner and relevant government bodies should endeavor to prevent from more damages. But once oil pollution accidents occurs in territorial sea, compensation for victim fishermen is very important. But it is true that compensation is not paid to victim smoothly. So this study aims at the problems of oil pollution compensation to the Korean victim and find the best way to get reasonable compensation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.577-586
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• 2022

The increasing trade volume between Korea and China has rapidly expanded the maritime transport between the two countries. However, safety, particularly considering the ship collisions in the Yellow Sea and East Sea waters, has not been fully ensured. These collision accidents in that region endanger traffic safety and the marine environment, moreover, it has the potential to cause legal complexity because Korea and China haver domestic legislation, that are considerably different in some aspects. International conventions and domestic legislation in China provide detailed laws with respect to ship collisions, however, the theory of ship collision infringement still needs to be improved, enriched, and developed. Because these laws are not very clear on the resolution of disputes resulting from ship collisions, we focused on the final judgments by the Supreme Court of China (SPC), and the judicial judgments set by the Maritime Court of China. This study aimed to explore the domestic legislation applicable to disputes related to ship collisions in China, and comparatively investigate the legal provisions of Korea and China on the issue of ship collisions, particularly on the aspect of damage compensation, fault ration, and liability apportionment.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.6
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• pp.639-652
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• 2023

The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

• Journal of Korea Port Economic Association
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• v.36 no.1
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• pp.1-22
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• 2020

The global container terminal market is predicted to see continued future volume growth. According to Drewry, global container shipments rose by 6.3% year-on-year to 750 billion twenty-foot equivalent units (TEUs) in 2017 and are forecast to experience continued growth to 9.3 billion TEUs in 2022. According to IHS Markit, the global terminal operator (GTO) market is forecast to grow more than 10% annually, up from $2.4 billion in 2017, to exceed $3 billion by 2022. However, Hyundai Merchant Marine is the only real GTO in Korea. In particular, the shipping and port markets are facing drastic changes, both at home and abroad, including a slowdown in the growth of domestic export and import shipments, environmental changes in the container market caused by the trade frictions between the US and China, and increased changes in container shipments caused by the trade frictions between Korea and Japan. In this study, we propose ways for domestic companies to participate in the continuously growing GTO market. After analyzing the current status of the global GTO market, the government expressed a desire to explore ways to establish GTOs through the Port Authority and the Korea Ocean Business Corporation. Therefore, four types of establishment plans were proposed, along with a legal framework for the establishment of GTOs.

• Journal of the Korean Society for Marine Environment & Energy
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• v.15 no.3
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• pp.263-272
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• 2012

Carbon dioxide, emitted by human activities since the industrial revolution, is regarded as a major contributor of global warming. There are many efforts to mitigate climate change, and carbon dioxide capture and geological storage (CCS) is recognized as one of key technologies because it can reduce carbon dioxide emissions from large point sources such as a power station or other industrial installation. The inclusion of CCS as clean development mechanism (CDM) project activities has been considered at UNFCCC as financial incentive mechanisms for those developing countries that may wish to deploy the CCS. Although the Conference of the Parties serving as the Meeting of the Parties to the UNFCCC's Kyoto Protocol (CMP), at Cancun in December 2010, decided that CCS is eligible as CDM project activities, the issues identified in decision 2/CMP.5 should be addressed and resolved in a satisfactory manner. Major issues regarding modalities and procedure are 1) Site selection, 2) Monitoring, 3) Modeling, 4) Boundaries, 5) Seepage Measuring and Accounting, 6) Trans-Boundary Effects, 7) Accounting of Associated Project Emissions (Leakage), 8) Risk and Safety Assessment, and 9) Liability Under the CDM Scheme. The CMP, by its decision 7/CMP.6, invited Parties to submit their views to the secretariat of Subsidiary Body for Scientific and Technological Advice (SBSTA), SBSTA prepared a draft modalities and procedure by exchanging views of Parties through workshop held in Abu Dhabi, UAE (September 2011). The 7th CMP (Durban, December 2011) finally adopted the modalities and procedures for CCS as CDM project activities (CMP[2011], Decision-/CMP.7). The inclusion of CCS as CDM project activities means that CCS is officially accredited as one of $CO_2$ reducing technologies in global carbon market. Consequently, it will affect relevant technologies and industry as well as law and policy in Korea and aboard countries. This paper presents a progress made on discussion and challenges regarding the issue, and aims to suggest some considerations to policy makers in Korea in order to demonstrate and deploy the CCS project in the near future. According to the adopted modalities and procedures for CCS as CDM project activities, it is possible to implement relevant CCS projects in Non-Annex I countries, including Korea, as long as legal and regulatory frameworks are established. Though Korea enacted 'Framework Act on Low Carbon, Green Growth', the details are too inadequate to content the requirements of modalities and procedures for CCS as CDM project. Therefore, it is required not only to amend the existing laws related with capture, transport, and storage of $CO_2$ for paving the way of an prompt deployment of CCS CDM activities in Korea as a short-term approach, but also to establish the united framework as a long-term approach.