• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.270-279
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• 2022

In this paper, system dynamics considering dynamics and time was examined to study the changes in system structure according to reinforcement (policy intervention) of regulation and punishment for fishing boats, and the strategizing directions were analyzed. Until now, regulations and punishments on fishing boats have been conducted temporarily and short-term as a precautionary measure to prevent accidents and imposed penalties. However, due to various anomalous side effects, the expected results were not achieved, negligent accidents occurred constantly, and follow-up measures were repeated. Resultantly, the regulation and punishment of fishing boats is a reinforced safety standard, and there is a necessity to improve facilities, equipment, and industry, and develop technology (including time delay) to prevent accidents. However, as the negative (illegal) activities continue without immediate and significant resistance, the safety blind spot for accident prevention cannot be minimized. Thus, policy intervention based on linear thinking without sufficiently considering variables of the dynamic mechanism and time can distort the basic values pursued by the policy. For the regulation and punishment of fishing boats, a strategy to supplement the mechanism should be prepared prior to the preparation of reinforced safety standards. Improvement and development of related technologies, mandatory training hours for anglers, fishing industry, and related organizations, proposal of specific action plan for Fishing Management and Promotion Act for growing fishing-related industries.

• Journal of Korean Society of Forest Science
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• v.110 no.4
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• pp.630-647
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• 2021

We determined the current problem of the restoration deposit-estimation system, stipulated by the Mountainous Districts Management Act, using the Delphi technique. Consequently, we proposed a standard model for forest land restoration to derive a reasonable deposit-estimation system. With the result of the Delphi survey, the inappropriateness of land-use type and slope gradient classifications was shown; the insufficiency of standard works was a significant problem in the current system. A way to solve these problems was devised, to reorganize the current land-use type into the subject of the site. The specific subjects included the following: (i) to permit or report forest land-use change and temporary use of forest land, (ii) to report temporary use of forest land, (iii) to permit stone collection or sale for mineral mining, and (iv) to allow sediment collection. The current slope gradient subdivision into (a) θ<10°, (b) 10°≦θ<15°, (c) 15°≦θ<20°, (d) 20°≦θ<25°, (e) 25°≦θ<30°, and (f) θ≧30° and the reorganization of 17 standard works into 22 standard works were deemed as solutions, along with seven additional works. We developed 24 standard models for the forest land restoration project based on the aforementioned results. The deposits estimated by these models ranged from 34,185,000 (Korean) won to 607,403,000 won. If additional works, premiums, discounts, and supervision fees are added to the models, the deposit increases to an estimated 668,143,000 won subject to permission for stone collection or sale and mineral mining. Experts agree on the distribution of the restoration deposits estimated by these models at a high level in the Delphi survey. Our findings are expected to contribute to securing the appropriateness of the restoration cost deposited for the smooth performance of the vicariously executed restoration project.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.139-161
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• 1998

This thesis includes a study on the legal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the lists of illegal fishing controlled by fishing patrol vessels of Ministry of Maritime Affairs and Fisheries from 1994 to 1996 in adjacent sea area of Korea. The results are summarized as follows ; 1. The fishing patrol vessels controlled total 826 cases in 2,726 days of 292 voyages by 17 vessels in 1994, total 1,086 cases in 3,060 days of 333 voyages by 18 vessels in 1995 and total 933 cases in 3,126 days of 330 voyages by 19 vessels in 1996. 2. The fishing period of illegal fishing was generally concentrated from April to September. But year after year, illegal fishing was scattered throughout the year. 3. The most controlled sea area of illegal fishing was the south central sea area in the sea near Port of Tongyeong. The sea area occupied about 36~51% of totality and the controlled cases were gradually increased every year. The second was the south western sea area in the sea near Port of Yosu. The sea area occupied about 18-27% and the controlled cases were a little bit increased every year. The third was the south eastern sea area in the sea near Pusan. The sea area occupied about 13~23% and the controlled cases were gradually decreased year by year. 4. The most controlled kind of illegal fishing was the small size bottom trawl. This occupied about 81-95% of totality and the controlled cases were gradually increased year by year. The second was the medium size bottom trawl. This occupied about 4-7% and the controlled cases were gradually decreased year by year. The third was the trawl of the coastal sea, this occupied about 2~4% and the controlled cases were a little bit decreased every year. 5. The most controlled address of illegal fishing manager was Pusan city which occupied about 33-51% of totality. The second was Cheonnam which occupied about 24-29%. The third was Kyungnam which occupied about 16~35%. 6. The most controlled violation of regulations was Article 57 of the Fisheries Act which occupied about 56-64% of totality. The second was Article 23 of Protectorate for Fisheries Resources which occupied about 21-36%. And the controlled cases by it were gradually increased every year.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.334-345
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• 2022

The Enforcement Decree of the Framework Act on the Management of Disasters and Safety Article 3-2 specifies two 'disaster management supervision agencies' for responding to shipping disasters. These are the Korea Coast Guard, which is an on-scene disaster-responding and coordinating agency, and the Ministry of Ocean and Fisheries, which is a government department, thereby leading to possibilities for confusion. In the case of shipping disasters, where a personnel entitled full power to deal with shipping disasters is designated and his/her powers and duties are clearly made, relationship of leading and supporting agencies is made clear, and command system is simplified, an efficient response to shipping disasters is made possible. In the management of shipping disasters, all the disaster management processes, that is, prevention-preparedness-response-recovery, should be dealt with systematically and consistently. Notably, to swiftly and efficiently cope with a disastrous situation, the decision-making and command system must be simplified. The establishment of a command system and decision-making must be made independently, based on expertise. In the US, irrespective of the type of disasters, the FEMA plays a leading role and the USCG responds a response to maritime disasters by establishing the Incident Command System or Unified Command System that is an incident management system. In the UK, the MCA supervises an event and responds to it, and the SOSREP has full power to work with command and coordination independently. SOSREP, among others, is necessary to prevent an inefficient dealing of a shipping disaster owing to confrontation between participants. With reference to such leading States' practice, the Korean government should make a standardized and simplified response to maritime disasters. This study deals with a new maritime disaster responding system and provides an idea of the revision of the existing legal regime.