• Title/Summary/Keyword: Marine environment related laws

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A Study on Domestic Policy Framework for Application of Carbon Dioxide Capture and Storage(CCS) (이산화탄소 포집 및 저장 실용화를 위한 국내 정책 연구)

  • Chae, Sun-Young;Kwon, Suk-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.6
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    • pp.617-625
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    • 2012
  • This study examines the current status and policy development of Carbon Dioxide Capture and Storage(CCS), which is a technology to mitigate climate change, in Korea and foreign countries. It also analyzes IEA CCS regulatory framework as a guideline and provides limitations and implications for marine geological storage in the Republic of Korea. Although CCS master plan is established at national level, related laws are not amended and detailed polices are not yet provided. Established 'Intergovernmental CCS committee' lacks its cooperative mechanism and flexibility. Only limited and segmented economic analyses are performed and funding for large scale of CCS project is not secured. In addition, information sharing is limited and public awareness activities are insufficient. Therefore, this paper provides some policy suggestions on establishing a legal framework based on the 'Marine Environmental Management Act', strengthening the role of intergovernmental CCS committee, conducting CCS economic analysis based on various scenarios, providing economic incentives and public participation strategies, and establishing a specialized agency for information sharing.

Diagnosis of Conflict Problem between the Marine Environmental Conservation and Development, and Policy Implication for Marine Spatial Planning (해양환경보전과 이용·개발의 상충 분석과 해양공간계획에 대한 시사점)

  • Lee, Dae In;Tac, Dae Ho;Kim, Gui Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.19 no.3
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    • pp.227-235
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    • 2016
  • This paper emphasized the necessity of the marine spatial planning (MSP) through the analysis of the major developmental projects which could make a contradiction based on the adequacy of the site selection and environmental impacts. The conflicting affairs between space utilization and management plan happen in the following ways: marine renewable energy development, sand mining, reclamation, construction of golf course in coastal area, thermal effluent and waste heat, erosion causing port development. The conflict of stakeholder continues caused by the accumulated environmental impact. For the reasons mentioned above, we found two things. First, it is necessary to comprehend the fact of developmental planning and MSP. Second, it is still unsatisfactory to connect the relevance of laws related to the spatial planning. For the reinforcement of marine environmental policy management, it is necessary to consolidate the property of site selection and assessment of developmental scale. Especially, while the strategic environmental assessment is in progress based on site selection and property of scale, consistent diagnosis is needed in the following concerns: the fact of the marine spatial planning, the relevance between national developmental plan and regional developmental plan, fisheries regulation, marine protected animals. For the environmentally sound and sustainable development (ESSD), MSP should have to be prepared based in a way of top-down including coastal and EEZ plan, relevance of ocean-use zoning and sector planning, 3-D spatial information. And also integrated information system have to be prepared through high-tech marine spatial information. In conclusion, consistent and relevant strategy for MSP should have to include the whole information related to the maritime affairs such as harbor, fishing port, fishing ground, coastal management, marine ecosystem generally.

Preliminary Diagnosis of Fishing Ground Environment for Establishing the Management System in Fisheries Resources Protection Area (수산자원보호구역 관리체제 구축을 위한 어장환경 예비진단)

  • Lee, Dae-In;Park, Dal-Soo;Jeon, Kyeong-Am;Eom, Ki-Hyuk;Park, Jong-Soo;Kim, Gui-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.2
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    • pp.79-89
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    • 2009
  • For preliminary diagnosis on current fishing ground environment and basic information for establishment of effective and rational management policy in fisheries resources protection area, water and sediment quality and changes of total area in the 10 marine protection areas designated for fisheries resources management in Korea were assessed. Results showed that environmental quality in these areas has been degraded by pollution sources, coastal utilization and development stress, etc. The pattern and degree of contamination differed by protection areas, suggesting that it is necessary for optimum environmental management plan considering the regional characteristics. The total designated area of protection areas in 2003 changed by $-22.9{\sim}2.4%$, on average -6.4%, compared with the first year of designation; Wando-Doam Bay showd the highest increase rate (2.4%), and Hansan Bay has the highest decrease rate (-22.9%) Decrease rate of land and sea in total area showd 6.1% and 6.6%. An integrated management of environmental data in protection areas is required for systematic assessment. Therefore, the suitable environmental and information management is needed specifically considering the environment characteristics such as development and utilization conditions of land and sea area Furthermore, bemuse urbanization and industrialization threats the junctions of the protection areas, authorized ministry (MIFAFF) should develope and establish monitoring and management procedures based on the related laws.

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A Study on the Improvement Strategy of Specialized Institution for Efficient Operations of Maritime Traffic Safety Audit Scheme (해상교통안전진단제도의 효율적 운영을 위한 전문기관의 발전방향에 대한 고찰)

  • Kim, Young-Du
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.1
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    • pp.18-24
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    • 2015
  • To improve and modify the problems in Maritime Traffic Safety Audit(MTSA) Scheme, "Maritime Safety Research Center(MSRC)" in Korea Ship Safety and Technology Authority(KST) was designated as specialized institute for MTSA through general revision of "Enforcement of MTSA"(March 2012). However, the roles of the MSRC such as preliminary review of safety audit report, comments on target project and etc. had not been defined clearly on the related maritime safety laws compared with other specialized institutes in other similar audit scheme. In this research, the improvement strategies were proposed for development of specialized institute through SWOT analysis, gathering the opinion from related professions and also comparison with the roles and current status of operation in other similar specialized institutes. In conclusion, the 'Screen & scoping system', 'Consultant system' were proposed for efficient operation of the MTSA Scheme, and the systematic and operational improvements such as a revision of maritime safety lan and etc. were also suggested for integrated management about costal development works, development of specialized institute.

A Study on Implementation of IMSAS and Response Plan of the Republic of Korea (IMO 회원국감사제도의 시행과 대한민국의 대응 방안에 대한 고찰)

  • Chae, Chong-Ju
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.6
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    • pp.717-725
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    • 2018
  • IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.

A Study on Displaying the Flag for Indicating the Nationality of Ships (선박 국적 표시를 위한 국기 게양에 대한 고찰)

  • Yun, Gwi-ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.4
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    • pp.465-473
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    • 2021
  • Since the past, ships have hoisted national flags as a means of indicating their nationality. Both domestically and internationally, laws and conventions related to the nationality and hoisting of the flag have been enacted because it is significant that the nationality of a ship is a matter of the jurisdiction of the ship. Nevertheless, there are differences in domestic and international regulations related to the hoisting of the flag of a ship, and if the flag is not hoisted irrespective of the intention, there may be a difference in interpretation as to whether or not the ship will be regarded unconditionally as a stateless ship. However, there is no disagreement locally or abroad about the necessity of indicating the nationality of ships. Therefore, I would like to propose a method to indicate and confirm the nationality of the ship by using wireless communication equipment with hoisting the flag as the only way to express its nationality, reflecting the situation of the era such as high-speed, larger and unmanned ship. Representatively, the method utilizes the automatic identification system(AIS), which is one of the equipment legally installed in the ship, and includes the ship's nationality in its information. If the nationality information is included in the AIS, nationality can be identified earlier and even from a distance, and there will not be instances of nationality not being identified because the flag is not hoisted or the flag is damaged. In addition, it is expected that the problem of nationality indication can be solved even when vessels are unmanned in future.

A Policy Proposal for the Safety of Inland Water Ships (내수면 선박의 안전성 확보를 위한 정책 제언)

  • Byung-Hwa Song;Hong-Hoon Lee;Chang-Hyun Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.4
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    • pp.332-337
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    • 2023
  • Korea is not only surrounded by the sea on three sides, but also has national and local rivers extending 26,843 km, so it has a geographical feature in which abundant sea and inland water surface coexist. As the number of ships operating in the inland waters is continuously increasing due to the improvement of national income, the risk of ship accidents and human casualties in the inland waters is also increasing. In this study, a macroscopic plan for the safety management of inland water ships was presented through investigation of inland water related laws and operation status analysis. As an improvement plan, as a hardware infrastructure it is proposed to secure sufficient inland water fire-boats to secure the golden time for early response to accidents and lifesaving, and to operate an institution specializing in the prevention of inland water ships accidents. And as a software infrastructure, establish departure control standards for inland water ships and the safety diagnosis system currently applied only to sea going ships, the introduction of a system tailored to the characteristics of inland water ships. The proposed inland water safety management policy is expected to contribute to the preparation of prompt and systematic countermeasures in the event of an inland water ship accident, and it is hoped that it will serve as an opportunity to continue to pay attention to safety-related research on inland water ships, which was briefly activated after the sinking of M/V Sewol.

A study on the improvement of the basic safety education system for fishing seafarers (어선원 기초안전교육제도 개선방안에 관한 연구)

  • Geumcheol JEONG;Young-Su AN;Yoonkuk JOO
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.60 no.3
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    • pp.290-299
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    • 2024
  • This study attempted to solve the problem that the current safety education contents of Korean fishing vessels are not consistent with the STCW-F Convention and do not properly reflect the actual operating environment of the fishing vessels. Despite the reinforced duty of safety education for fishing vessels after the Ferry Sewol accident, the problem has been pointed out that the effectiveness is still low due to merchant-oriented education contents and uniform education methods. Therefore, this study compared and analyzed laws related to safety education for fishing vessels and the STCW-F Convention, and derived improvement measures by collecting voices from the field through a survey of fishing vessels. As a result of the study, it was confirmed that the current fishing vessel safety education does not take into account the reality of fishing such as fishing vessel type, navigation distance, and ship output, and that the core curriculum required by STCW-F Convention is omitted. In addition, it was found that education content on major accident types that frequently occur along the coast was also insufficient. In order to improve this, this study proposes to re-establish the target of safety education for fishing vessels based on STCW-F Convention related to fishing vessels, and to prepare a segmented education system by reorganizing the training contents to suit reality. In addition, the need to clearly distinguish the education of merchant and fishing vessels through the revision of the Seafarers Act and the Ship Employees Act was suggested, and to establish a safety education system for fishing vessels that meets STCW-F Convention and domestic conditions.

A Study on Unauthorized Anchoring of Foreign-flag Vessels in Internal Waters and Territorial Sea (외국선박의 내수 및 영해 무단정박에 관한 연구)

  • Lim, Chae-Hyun;Lee, Chang-Hee;Jeong, Dae-Deuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.280-289
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    • 2022
  • Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

Regulation and Its Tasks of Privately Contracted Armed Security Personnel on Board Ships Against Somali-based Piracy (소말리아 해적행위 대응을 위한 민간무장보안요원 승선의 규제 및 그 과제에 관한 연구)

  • Keum, Jong-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.26-32
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    • 2014
  • The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.