• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2017년도 추계학술대회
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• pp.34-35
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• 2017

Under the STCW Convention, marine engineers are required to have a satisfactory level of maritime English proficiency so that they can successfully perform their duties on board or maintain and operate the various equipment and facilities installed in the ship. More specifically, the importance of the engineers' written communication skills has been highlighted since their documents (for instance, post-work records, legal, and/or internal reports) have a significant legal impact in the event of a marine casualty or maritime crime. To suggest the necessity of developing standard engineering logbook phrases (SELP), therefore, this paper will closely analyse three-month authentic marine engineers' work records written by Korean officers. From the analysis, the problems and errors in the logbook will be analysed, and considerations to be taken into account in the development of SELP will be illustrated. Finally, the future actions for this standardised written communication for the logbook entry will be sought.

• 한국항해항만학회지
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• 제26권1호
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• pp.66-77
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• 2002

Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

• 무역상무연구
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• 제24권
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2015년도 춘계학술대회
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• pp.272-274
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• 2015

Success of communication at sea is directly linked with clear and complete delivery and receipt of the target message between interlocutors. It can be said that speakers' effective delivery of their intended message and listeners' precise decoding and accurate understanding are the keys to successful maritime communication. From this perspective, the scope of maritime English education and training needs to be reconceptualized and expanded into the area of communication itself, beyond the simple acquisition of, and familiarization with, IMO Standard Maritime Communication Phrases (SMCP). Therefore, in order to make learners' acquisition of marine communication knowledge more feasible, and the knowledge learned more practically applicable, training on effective and clear oral delivery should be also considered within the frame of maritime English education. Thus, critical training elements to realize this goal need to be suggested as guidelines. In this presentation, the theoretical background on this will be introduced in terms of English as a Lingua Franca (ELF) and Lingua Franca Core (LFC), which are the current mainstream forms of English communication in the international business context. Based on this, six key training elements will be discussed; that is, speech rate, word groups, pauses, nuclear stresses, consonants (including consonant clusters), and vowels (specifically long and short vowels). Finally, the practical pedagogical methods of each element, and its actual application into a real ESP classroom, will be suggested.

• 무역학회지
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• 제44권2호
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• pp.83-94
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• 2019

Article 17 of the Marine Insurance Act (MIA) states that "A contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided by the other party." In the Carter v. Boehm case, Lord Mansfield was the first to provide a comprehensive description of the duty of utmost good faith, which is analyzed here. This judgement not only laid the foundation for the Modern English Insurance Act, but it also influenced the draft of the English Insurance Act of 2015, which aimed at correcting distortions that occurred during the application of statue law and common law thereafter. The duty of utmost good faith, applied between Lord Mansfield's insured and insurer presents the context of information asymmetry of the insured and insurer entering contracts. In the absence of information asymmetry, in contrast to the effects of being in both sides of the duty of utmost good faith, alleviating the duty of disclosure of the insured, and it is also clear that the warning of the severity of the retrospective avoidance of the breach of duty of disclosure and the need for its limited application have already been pointed out. Furthermore, considering the principle of retrospective avoidance, the duty of utmost good faith should be understood as a concept limited to the duty of disclosure before a contract is concluded

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Advanced Marine Engineering and Technology
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• 제37권7호
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• pp.760-770
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• 2013

Detecting grammatical errors from a text is a long-history application. In this paper, we compare the performance of two grammatical error detection techniques, which are implemented as a sub-module of an automated English scoring system. One is to use a full syntactic parser, which has not only grammatical rules but also extra-grammatical rules in order to detect syntactic errors while paring. The other one is to use a finite state machine which can identify an error covering a small range of an input. In order to compare the two approaches, grammatical errors are divided into three parts; the first one is grammatical error that can be handled by both approaches, and the second one is errors that can be handled by only a full parser, and the last one is errors that can be done only in a finite state machine. By doing this, we can figure out the strength and the weakness of each approach. The evaluation results show that a full parsing approach can detect more errors than a finite state machine can, while the accuracy of the former is lower than that of the latter. We can conclude that a full parser is suitable for detecting grammatical errors with a long distance dependency, whereas a finite state machine works well on sentences with multiple grammatical errors.

• 수산해양교육연구
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• 제19권3호
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• pp.390-402
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• 2007

According to the paradigm of Neo-liberalism, the issue of ability grouping has grown more and more in education of Korea. And because of the influence of ability grouping, now ability grouping is enforcing partially in the subjects of English and Mathematics. But ability grouping is going to expand to the all subjects. So, it is very important that how teachers and students are recognize about partial ability grouping in the subjects of English and Mathematics. Because that information about partial ability grouping can guide direction for the future educational policy. The purpose of this study was to actually analyze teacher's and students' recognition of partial ability grouping in the subjects of English and Mathematics. To accomplish this purpose, 622 middles school students and 552 teachers were sampled. As a tool of investigation, questionnaires about teacher's and students' recognition of partial ability grouping had made by researcher of this study were used. And as processing of data, t-test, F-test, Scheff-test were used. The result of this study is as follow. First, teachers who are experiencing ability grouping recognized more negative about ability grouping than teachers who are not experiencing ability grouping. Second, students who have low ability recognized more negative about ability grouping than students who have high ability. Third, teachers who are experiencing ability grouping recognized more ineffective about ability grouping than teachers who are not experiencing ability grouping. Fourth, students who have low ability recognized more ineffective about ability grouping than students who have high ability.

• 무역상무연구
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• 제44권
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• pp.111-180
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• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2023년도 춘계학술대회
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• pp.154-155
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• 2023

선원의 훈련, 자격증명 및 당직근무의 기준에 관한 국제협약(STCW)은 상선에 당직사관으로 승선하기 위하여 갖추어야 할 요건을 명시하고 있다. 해사영어 활용능력은 STCW에서 중요하게 다루어지는 자격요건 중 하나로, 각 국가 담당 기관은 국내외 규정에 적합한 해사영어 교육을 시행하고 있다. 본 연구는 예비 해기사 대상 영어능력 배경설문조사를 시행하여 해사영어학습 및 활용능력과 연관성 있는 개인 요인들을 분석하였다. 나아가 표준해사영어(SMCP) 학습 플랫폼 활용 실험을 통해 성적향상 정도를 측정하고 그 효과성을 분석하였다. 이를 통해 해기교육에서의 해사영어 자동채점 플랫폼 적용 가능성을 조사하였으며 향후 해사영어 교육 외에 그 범위를 넓혀 활용될 수 있을 것으로 사료된다.