• Title/Summary/Keyword: Korean Marine Traffic Law

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A Study on the Improvement for Port Placement of Response Vessel (방제선 배치 항만의 개선 방안)

  • Jang, Duck-Jong;Kim, Dae-Jin;Kim, Woo-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.7
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    • pp.810-819
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    • 2017
  • The purpose of this study is to evaluate port use and the distribution of risk factors in 15 major ports in Korea, delineating the risk of each port after classifying the ports into four risk groups based on estimated risks. The placement of response vessels is then analyzed accordingly. Based on the results, danger was estimated to be especially high in ports where large-scale petrochemical facilities are located, such as Yeosu Gwangyang ports (1.85), Ulsan port (1.33) and Daesan port (1.25). The ports showing the next highest degree of danger were Pusan (0.95) and Incheon (0.83), which have significant vessel traffic, followed by Mokpo (0.71) and Jeju (0.49), which expanded their port facilities recently and saw an increase in large vessel traffic. Next is Masan (0.44), for which many fishing permits in the vicinity. When the relative ratios of each port were graded based on the Yeosu Gwangyang Ports, which showed the highest risk values, and risk groups were classified into four levels, the highest risk groups were Yeosu Gwangyang, Ulsan, Daesan and Pusan, with Incheon, Mokpo, Jeju, and Masan following. Pyeongtaek Dangjin, Pohang, Gunsan, and Donghae Mukho were in the mid-range danger group, and the low risk groups were Samcheonpo, Okgye, and Changsungpo. Among these, all response vessel placement ports specified by current law were above the mid-range risk groups. However, we can see that ports newly included in mid-range risk group, such as Mokpo, Jeju, and Donghae Mukho, were excluded from the pollution response vessel placement system. Therefore, to prepare for marine pollution accidents these three ports should be designated as additional response vessel placement ports.

Study on the Introduction of Safety Management Level Evaluation System for Shipping Company by Imitation Strategy (모방전략을 이용한 해운선사 안전관리 수준 평가제도 도입방안 연구)

  • Kim, Hwa-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.19 no.4
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    • pp.366-374
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    • 2013
  • Maritime transportation circumstance is changing rapidly in accordance with the increase of cargo volume between countries and increase of marine leisure activities by improvement of quality of life. And the circumstance for ship operation is also changing due to aging of seafarers and increasing of foreign seafarers. To cope with such changes in maritime environment well, it requires higher safety management skills from shipping companies, the main subject in charge of the safety matter. In this paper, we analyzed domestic and foreign similar system, and then applied imitation strategies for introduction of an unific evaluation and management system that was consist of marine accidents, port state control, ISM Code and so on from shipping companies. We defined that the imitation industry and system are converted accident ration of construction industry and traffic safety excellence company of road transportation, and then extracted relevant law, evaluation index, incentive system as a imitation subject. We also proposed scheme that introduction of basis law, and evaluation tool with marine accidents ratio, port state control & ism code result, and incentives such as immunity of safety inspection or reduction of commission for introduction of company's safety management level evaluation system. Finally, we proposed the imitation timing and plan in stages for system's sustainable development through the prompt introduction and continuous enforcement.

A Study on the Draft Ship Management Industry Act and its Improvement (선박관리산업발전법안의 분석과 개선방안에 관한 연구)

  • Jin, Ho-Hyun;Lee, Yun-Cheol
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.17 no.3
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    • pp.245-255
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    • 2011
  • Korea ship management industry originated from overseas seamen employment business since 1963 in the Republic of Korea. Recently, new trend of shipping business has developed in a separate way with ship's ownership and management, that is, cargo business which is in charge of shipowner and practical affairs for ship operation which is in charge of specialized ship management company. Ship Management Industry is being focused as a new development engine with the anticipation of continuous development over 10% a year leading a competitiveness and saving cost in the world market. Therefore, "Draft Ship Management Industry Development Act" was suggested by the shipping business group and academic scholars as a result of continuous research for a long time. This was also submitted to the national assembly for adoption as a national law. The purpose of this paper is to make a contribution to the development of Korea ship management industry through the consideration of each article of this draft Act implications and suggestion of legal and institutional improvements. The result of this study will ultimately contribute to the growth of the Korean ship management industry and enhance their business scope internationally. For the above mentioned purpose, I focus on nurturing and supporting Korea ship management industry, and accreditation of superior ship management industry, etc. within the scope of the submitted draft act.

A Study on Seaman's Criminal Responsibility of Marine Accidents (해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰)

  • Song Yong-Seop;Suh Geo-Suk;Park Yong-Uk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.41-49
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    • 2005
  • In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

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A Study on the Legal Issue of the Application of Navigation Rule for a Collision between Sea-going Vessels and Vessels at Anchor -Focused on Central Maritime Safety Tribunal Decision 2015.1.23. Case No 2015-001- (정박선과 항해선의 충돌사고 시 항법적용에 관한 쟁점 연구 - 중앙해양안전심판원 제2015-001호 재결 사례를 중심으로 -)

  • PARK, Sung-Ho;HONG, Sung-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.6
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    • pp.1761-1771
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    • 2016
  • In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

A Beacon antenna of GPS impact and performance improvement implementation the proposal (중파 안테나의 GPS영향과 성능개선 구현 및 제안)

  • Choi, Yong-Kwon;Jeong, Jin Ho;Lee, Sang Jeong
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2015.10a
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    • pp.279-282
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    • 2015
  • Fisheries development of the basic law pursuant to article 15 (marine safety management, etc.) one of maritime safety and maritime traffic facilities nationwide network of DGPS in accordance with the building maximize infrastructure utilization and country. Source technology has been improving steadily raised for the benefit daegukmin. In particular, look at the type of product for the marine supply medium-wave receiver Performance products that satisfy most of the IMO Advisory. The antenna and receiver are separate structural supply for some integrated model with a very high Rather it is used as a portable receivers for marine positioning cheap integrated model development is needed. Correction of satellite navigation receivers for the current Marine GPS module, medium-wave modules can be developed one low cost Integrated in independent operating environments do not support the model development done look at what the problem is 285kHz ~ 315kHz in DGPS Beacon receiver structure using a medium wave or Beacon The medium-wave antenna and a GPS receiver signal to noise ratio was studied GPS signal attenuation on the DGPS performance looked at each GPS manufacturer medium-wave signal-to-noise ratio and normalized impact by GPS manufacturers noise power ratio per bandwidth for medium-wave GPS signals affect it was implemented to improve performance.

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