• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.6
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• pp.928-936
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• 2022

According to the current status of marine accidents in Korea, the number of accidents is steadily increasing by an approximate average of 8.5% per year, and marine accidents are steadily increasing for ships and structures such as floating barges, tugboats, ferries and floating platforms except for fishing ships. In this study, domestic floating structures were classified according to the type of floating structure, and the regulation system and the scope of the application of floating marine structures were schematically illustrated according to related domestic laws such as the Ship Safety Act, Ship Act and Fishing Management and Promotion Act. In addition, considering the state of the marine environment, it was intended to discover structurally delicate parts and risk factors early in blinded safety spots in applying domestic regulations, and to derive effective improvement measures for the discovered risk factors.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.1
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• pp.29-37
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• 2008

This study examined principles and techniques of efficient water quality management as well as total coastal pollutant loads and the relevant examples in the advanced countries from the viewpoints of water quality improvement and pollution control in coastal areas. The problems and improvements in an estimation of the current total pollutant loads were also pointed out. In addition, discussion was made on the relationship between total pollutant loads and environmental capacity as well as particulars requiring extensive examination on access to and study on water quality model used as prediction tool for marine environment. Furthermore, this study proposed details of and improvement plans for water quality control to be reflected and absorbed into systems and policies related to coastal water quality. In coastal areas, which are subject to total coastal pollutant loads, it is necessary to calculate pollutant loads reduction and allocation, to propose them in detail in statement in relations to new pollution sources for the corresponding projects or plans in environmental impact assessment and prior environmental review system. Also, in relations to regional plans for coastal management, the local government concerned must focus more on environmental management plan to implement data on pollution sources and pollutant loads flown into sea areas under basic jurisdiction, therefore it is required to actively respond to expansion and introduction of total coastal pollutant loads system in the future. Total coastal pollutant loads system must be expanded and executed by considering characteristics of sea area and changes in the environment of land. For pollution sources in land, the competent authorities in charge of coastal environment will need to initiatively administer supervision, monitoring activities and achieve integration and operation of the related laws by preparing legal bases for management system or adjusting the related laws.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.737-743
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• 2021

In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.7
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• pp.845-857
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• 2020

Compound coastal disasters are a type of natural disaster featuring both internal and external flooding due to rises in sea-level, torrential rains, typhoons, and tsunamis. The, incidence and scale of damage from such disasters is increasing. This aim of this study was to review the current laws and systems managing the phenomenon of the coastal complex disaster, and to derive recommendations for improvements to manage and prevent them. In this study, the Framework Act on the Management of Disasters and Safety, the Countermeasures against Natural Disasters Act, the National Land Planning and Utilization Act, the Coast Management Act, the River Act, and the Sewerage Act were reviewed, with focus on the district-zoning system designated by ministries for the management of natural disasters along the coast. Through a comparison of the purpose and nature of the laws, spatial scope, and management resources, it was judged that it would be desirable to comprehensively manage compound coastal disasters based on the Countermeasures Against Natural Disasters Act. In order to overcome the limitations of the current system and to derive specific measures to improve laws and systems, a questionnaire survey on detailed factors was conducted targeting experts in natural disaster management. The results indicated that it is necessary to improve the current system or introduce a new system for the management of coastal complex disasters, with integrated management of land and sea areas through the installation and operation of integrated decision-making governance by related ministries such as MOIS, MOLIT, MOF, and ME.

• 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 Marine Environment & Safety
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• v.24 no.7
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• pp.875-888
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• 2018

The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

• 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.16 no.1
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• pp.57-63
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• 2010

The marine safety investigation inquires and concludes the facts and causes of the marine casualties and incidents with the objective of preventing similar roses in the future. Thus, IMO and most states adopt and revise marine safety related conventions and national laws based on the results of marine safety investigation. In particular, IMO recently adopts mandatory IMO Casualty Investigation Code to identify the precise cause of rose with states' cooperation, to report the result of investigation, and to establish new international safety standard helping prevention of similar cases based on the report. The Judgement of the Korean Maritime Safety Tribunal system based on the 'Act on the investigation of and inquiry into marine accidents' is used for the purpose of marine safety investigation in Korea to prove cause of marine accident and to improve marine safety. Therefore, this study examines the Code and compares the Code with the Act to reflect the contents of provisions in the Code into the Act. The study would also be the basic references in relation to revising of marine safety investigation system in Korea Specially, the contents in relation to the independence of investigation authority and mandatory counselling system, and guarantee of seafarers human rights to ensure fairness of investigation would be included.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.5
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• pp.579-585
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• 2014

For the application of fuel cell systems on ship which is future eco-friendly ship technology, it is need that the modification of relevant laws and regulations with relevant technical development. This paper reviews the trend of fuel cell development, SOLAS and IACS UR/UI as a international regulations, international standardization trend such as IMO MEPC, IMO BLG and major classification rules, the consideration for the standard development of ship fuel cell systems, the implications for application of fuel cell systems on ships in Korea. The IGF Code which is developing in the IMO included fuel cell, and thus Korean government and related company should participate in the codification. The analysis of development of IMO's relevant regulations also needed for the preparations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.125-134
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• 2022

The Korea Maritime Safety Tribunal is an institution that investigates marine accidents in accordance with the maritime safety adjudication procedure when marine accidents occur. It requires its investigators to be capable in specializing in marine accidents, including possessing the following: a level 2 or higher maritime license, experience on boarding, and specialized knowledge on ships. It also requires separate training for technical competency related to maritime accident investigations. However, the current education for marine accident investigators mainly consists of administrative tasks, which is not suitable to improving the investigator's technological competency, making its development urgent. This study aims to design training contents for marine accident investigators to strengthen their technical competence. To this end, we analyzed the contents of current investigator training, and reviewed the relevant laws and regulations, and training contents of investigators in advanced maritime countries and similar transportation institutions in Korea. According to the results, the training contents were designed to focus on strengthening technical competency, and proposed as a five-day course for basic and professional training. Based on the designed training contents, if in-depth research is conducted by sufficiently reflecting the working conditions of marine accident investigators in Korea, it will greatly help in improving the investigators' skills.