• The Journal of Fisheries Business Administration
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• v.21 no.1
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• pp.21-34
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• 1990

The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

• The Journal of Fisheries Business Administration
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• v.54 no.2
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• pp.59-76
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• 2023

This study is to propose ways to improve the system for rational procedures for offshore wind power generation projects. The results of this study are summarized as follows. In order to quickly distribute and develop offshore wind power projects, the permitting period should be shortened through special laws, the government actively intervenes to support the formation and operation of privat-public councils to ensure residents' acceptance. In this way, it can be competitive in the future energy market. Above all, a special law (proposal) related to offshore wind power currently pending in the National Assembly should be passed as soon as possible. Finally, the government and local governments that manage public waters should provide active administrative support based on system improvement measures in consideration of these permits, and the project's main body should minimize damage to the marine environment and ecosystem. Through these subject-specific roles, offshore wind power generation will be able to reduce carbon emissions and help establish a sustainable energy production system.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.52 no.4
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• pp.364-371
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• 2016

The analysis on the international safety management code (ISM Code) and case of foreign national safety management for fishing vessel was conducted to serve as a basic data on the introduction of safety management system (SMS) for a deep-sea fishing vessel in Korea. As a result, Maritime New Zealand (MNZ) has managed operations of SMS in the maritime rules according to the Maritime Transport Act since 1994. MNZ underwent a safe ship management (SSM), which includes elements applied to shipping companies, ship and verification of the ISM Code for ships, except ISM Code application since 1998. In 2014 the introduction of the advanced maritime operator safety system (MOSS) superior to the SSM by MNZ was promoted actively switch and enforcement. Meanwhile, the safe operation manual of Japanese fishing vessel includes large part of the contents of the ISM Code, and voluntary implementation to fit the realities of the fishing vessel. The law application of SMS for a deep-sea fishing vessel after the newly establishment of the Ocean Industry Development Act to SMS would be advantageous to the schematic management, supervision, maintenance and application and, in 2016 from the implementation of maritime safety supervisor for a deep-sea fishing vessel that the management and supervision through the fishing vessel will be the efficient operation. The configuration of the safety management system in a deep-sea fishing vessel should be included as an element of ISM Code. The introduction of such a system is gradually applicable, such as nationality overseas vessel case study of the ISM Code, and vessels that are excluded from the application will be implemented as autonomous as Japan. The results are expected to contribute to sustainable development in the ocean industry safety culture spread throughout the ocean industry through the enhancement of safety fishing competency and safety management responsibility of fisher.

• The Journal of Fisheries Business Administration
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• v.55 no.1
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• pp.21-35
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• 2024

In this study, we collected and analyzed the current status of licenses for the limited fishery business and divided the problems related to licenses for the limited fishery business into partial damage compensation and cancellation compensation areas. In the case of partial damage compensation areas due to existing public water use projects, it is suggested that the issuance of licenses for limited fishery businesses should be reconsidered. In the case of cancellation compensation areas, it is recommended that the disposition of communal fishery businesses that do not require capital investment should be the principle. If capital such as facilities are invested, compensation should be made by Article 52 of the Enforcement Decree of the Land Compensation Act if the licenses for limited fishery business are closed due to other development projects. In addition, we proposed an improvement plan to establish a rational management system for licenses for limited fishery businesses. In addition to these improvement measures, we hope that further investigation and research on licenses for limited fishery business, which have been insufficient so far, will be conducted to promote the comprehensive use of fisheries resources and waters and the sustainable development of fisheries that are the objectives of the Fisheries Act, and contribute to the improvement of the quality of life of the people and the balanced development of the national economy.

• The Journal of Fisheries Business Administration
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• v.53 no.3
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• pp.43-64
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• 2022

Efforts to prevent IUU fishing began in 1996 as the IUU Antarctic Marine Living Resources Conservation Committee reported the multilateral efforts of the international community and related international organizations to prevent IUU fishing. Korea has recently been pointed out by the international community as to many problems regarding its will to eradicate IUU fishing. It is true that Korea has ever been designated as an 'IUU participating country' or a 'non-cooperative third country' by the international community and that there have been considerable difficulties in exporting seafood and using ports along with the deterioration of the national image. In 2020, with the efforts of related organizations and fisheries companies, Korea is now free from being known as a that Korea has recovered some degrees of trust from the international community through strengthening legal sanctions against IUU fishing and thorough implementation of follow-up measures is now free from non-cooperating country it cannot be said that the basic problems have been completely resolved just because it has emerged as a disgraceful country, and the current state of IUU fishing of Korea leaves a room for designation as a 'non-cooperative third country' again at any time in the future. Accordingly, there is an urgent need to examine the problems of the IUU fishing-related legal system in Korea and to come up with an improvement plan. Therefore, this paper reviews international norms for IUU fishing regulation (PSMA etc.) and domestic laws with the Distant Water Fisheries Development Act and Propose the improvement methods for related legal systems in Korea.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.12
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• pp.2800-2805
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• 2013

In preperation for the compulsory installation of VHF(Very High Frequency) wireless equipment and fishing vessel automatic identification system according to the revision of "The Ships Safety Act" and "Fishing Vessel act", Fishery Information & Communication Department of National Federation of Fisheries Cooperatives is building VHF communication network and automatic identification system for fishing vessel monitoring. This study suggests the protocol analysis for the calling of location requirement using DSC(Digital Selective Calling) function and show best way for fishing vessel automatic identification system. Also, it suggest way to realize fishing vessel monitoring system.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.177-187
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• 2023

The Ship Safety Act prescribes matters necessary for the maintenance of seaworthiness and safe navigation of ships. In this regard, Article 10 of this Act requires shipowner to undergo occasional survey if he/she wants to temporarily change intends to modify the details entered in a ship survey certificate. Such measures are in accordance with the maintenance of the state of the ship after the ship inspection under Article 15 of this Act, and this Act includes "harbor construction work ship" under Article 39 Paragraph (1) of the Harbor Act. However, although the harbor construction work ship originally showed the same operating system as the barge, it was not applied to the Ship Safety Act and was registered and surveyed under the Construction Machinery Management Act. Then "Seokjeong No. 36" sinking accident in Ulsan on December 14, 2012, led to the amendment of the Harbor Act in 2016, and considering the fact that it was added to the Ship Safety Act and applied, there is a realistic limit to applying all the regulations stipulated in the Ship Safety Act to the harbor construction work ship. Accordingly, this study discusses the work characteristics through concept, registration, work area, survey regulations, application case of temporary alteration etc. of harbor construction work ships and controversial issues related to the scope of application of the Ship Safety Act of actual harbor construction work ships, and also the appropriate scope of "temporary alteration" among temporary inspections prescribed in Article 10 of the Ship Safety Act in consideration of the legislative purpose of incorporating harbor construction work ships into the survey subject to the Ship Safety Act in accordance with the revision of the Harbor Act.

• Proceedings of KOSOMES biannual meeting
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• 2009.06a
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• pp.113-119
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• 2009

Marine pollution prevention manager system has been operated for the purpose of preventing marine pollution from ships and marine facilities in Korea. As a new "marine environment management act" replacing an old "marine pollution prevention act" had entered into force from January 20. 2008. the works and business of the education and training courses for marine pollution prevention manager are scheduled to transfer from KIMFT(Korea Institute of Maritime and Fisheries Technology) and FHRDI(Fisheries Human Resource Development Institute) to KOEM(Korea Marine Environment Management Corporation) on January 1. 2011. The present state of the education and training for marine pollution prevention managers of marine facilities was surveyed and analyzed in order to prospect trainee demands for the education and training and to provide KOEM with basic data for establishing a new system for the education and training. The existing education and training courses of FHRDI for marine pollution prevention manager of marine facilities have been conducted as a regular course of 21 classes for 3 days. The average annual number of trainees in FHRDI for 6 years from 2003 to 2008 was 187 persons and the annual number of trainee was 202 persons in 2008. The trained demands for the education and training are expected to increase sooner or later, depending major factors such as the extension of fields and ranges for marine facilities and marine environment management business due to the enforcement of new "marine environment management act".

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.708-716
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• 2019

After the Sewol ferry disaster, the maritime safety supervisor system was introduced to strengthen maritime safety control for coastal vessels. If any critical defect is found in vessel facilities during periodical or occasional guidance and supervision on a vessel, a maritime safety supervisor takes an administrative measure: detention of the vessel until it has been completely corrected. The detention order is one of the most powerful regulations exercised by a maritime safety supervisor. It would not be an overstatement to say that the guidance and supervision conducted by a maritime safety supervisor is very important for the safety of a vessel and protection of the maritime environment. However, the regulatory level of each Regional Office of Oceans and Fisheries toward vessels may vary with the enforcers, and an individual's intentional act or negligence might occur during the execution process. Detention of a coastal vessel by the Regional Office of Ocean and Fisheries can easily lead to delayed navigation, and a vessel owner may suffer economic loss from suspension of a charter party. Nevertheless, the Maritime Safety Act does not prescribe filing a petition for objection to the measure of detention order by a maritime safety supervisor. To overcome this problem, therefore, the objection procedure under the Maritime Safety Act has to be reformed to reclaim a right against an inappropriate detention order measure caused by an individual's intentional act or negligence through a formal objection.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.2
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• pp.165-171
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• 2014

This study aims to examine whether Marine sand mining business is Maritime Traffic Safety Audit and priority between Maritime Traffic Safety Audit and Sea Area Utilization Impact Assessment because development and action to use in the ocean is ambiguous, it is overlapped with system of environmental aspect, and priority is not designated. Therefore, the way to improve to settle the overlapping problem etc. between Maritime traffic Safety Audit and Sea Area Utilization Impact Assessment was suggested and legal ground for sand mining is suggested. Because management department for Maritime Safety Act and Marine Environment Management Act is Ministry of Oceans and Fisheries, the solution for this is both embodying co-experts on each committee for determinant of system with maintaining contact and radical revise of law. If revised, the possibility of accident in ocean is decreased, and it can be a way to protect marine environment.