• 제목/요약/키워드: Maritime Korean

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우리나라 해사중재 활성화를 위한 실무적 제언 (Practical Suggestions for Promoting Maritime Arbitration in Korea)

  • 안건형
    • 한국중재학회지:중재연구
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    • 제31권1호
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    • pp.23-54
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    • 2021
  • While maritime arbitration industry has not been prevalent in Korea, Korea ranked fifth in terms of export volume and its shipbuilding industry ranked top globally in shipbuilding order volume in 2020. The discrepancy between the maritime industry's productivity and relative lack of maritime arbitration has had a negative impact on Korea's economic development. To address these problems, this paper i) reviews preceding research, ii) examines the Korean maritime arbitration system's status and analyzes the KCAB's maritime arbitration statistics from 2005-2020, iii) examines major foreign maritime arbitration institutions' status and strategies including LMAA, SMA, SCMA, and HKMAG, and lastly iv) suggests practical ways to promote maritime arbitration in Korea. The Suggestions for promoting maritime arbitration are 1) to prepare and promote various maritime standardized forms for the Korean shipping industry, 2) to insert an arbitration clause in medium and large-size Korean shipping firms' B/L clause, 3) to expand professional maritime manpower training and other infrastructure, and 4) to enhance the predictability of the result of arbitration through maritime arbitral awards or by examining the feasibility of the appeal system against the arbitral award only on a point of law in the future. In conclusion, the success or failure of promoting maritime arbitration in Korea depends on the will, passion, cooperation and practice of the most important key players in maritime arbitration, such as the Asia Pacific Maritime Arbitration Center (APMAC), the Korean Commercial Arbitration Board (KCAB) and the Seoul Maritime Arbitrators Association (SMAA).

Comparative Review of Maritime Transportation Education Between Korea and the Philippines

  • Dimailig, Orlando S.;Jeong, Jae-Yong;Kim, Chul-Seung;Jeong, Jung-Sik
    • 해양환경안전학회:학술대회논문집
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    • 해양환경안전학회 2008년도 춘계학술발표회
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    • pp.91-99
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    • 2008
  • This paper compares the maritime education of two traditionally maritime countries, Korea and the Philippines, specifically, in their maritime transportation education. The subjects of this review focus on Mokpo National Maritime University (MMU) and the Philippine Merchant Marine Academy (PMMA). The paper presents the curricular and training programs of both institutions and shows the differences in the curriculum designs and methodology of delivery as contained in the requirements of Standards of Training, Certification and Watchkeeping 1978, as amended in 1995 (STCW 95). It also illustrates the social climate of the two countries and the attitude of maritime community in relation with the maritime programs offered by the institutions towards the quality of the fresh maritime graduates.

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Maritime Development Trends in Mongolia

  • Boldbaatar, Tumenjargal;Yoon, Dae-Gwun
    • 한국항해항만학회:학술대회논문집
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    • 한국항해항만학회 2011년도 추계학술대회
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    • pp.183-185
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    • 2011
  • Mongolia is aiming at connect and expand global trade to third countries using Russia, China and East Asian ports. Also, trying to evolve infrastructure and super-frastructure in international maritime transportation. This paper presents maritime development trends in Mongolia and focuses on discussing the current situation of international maritime plan and points out some issues currently facing by the policy to develop promoting the country's maritime businesses. Finally, this paper presents some future directions for developing the maritime transportation in Mongolia.

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국내 해상보안 위협의 유형별 특성과 대응방안 (A Study on the Feature and Countermeasure on Maritime Security threats in Korea)

  • 임희준;김동혁;손현민;이은방
    • 해양환경안전학회:학술대회논문집
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    • 해양환경안전학회 2003년도 추계학술발표회
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    • pp.99-104
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    • 2003
  • 미국에서 발생한 항공기 테러 사건이후 해상의 보안위험성이 높게 인식되고 있다. 본 논문에서는 국내 해상범죄 데이터를 바탕으로 해상보안위험의 현황을 파악하고 특성을 분석하였다. 또한, 해상보안위협을 예방하고 효율적으로 대처하기 위한 대응 방안을 제안하였다.

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해사중재 활성화를 위한 전제조건에 관한 논의 (A Proposal for the Invigoration of Maritime Arbitration)

  • 이정원
    • 한국중재학회지:중재연구
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    • 제22권3호
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    • pp.141-163
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    • 2012
  • In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receivetraining in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for "Expedited Procedure," this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

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A Study on the Improvement of Maritime Education Program in Korea

  • Kim, Thi Thu Lan;Jeong, Jae-Yong;Jeong, Jung-Sik
    • 한국항해항만학회:학술대회논문집
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    • 한국항해항만학회 2011년도 춘계학술대회
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    • pp.16-19
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    • 2011
  • 1990년대 후반 IMO 해양사고 조사실시 결과(A.21/884-9)에 따르면 해양사고 원인요소에 Human Elements가 크게 관련된다. 이런 관점에서 STCW Code A.에 의한 해기사의 요건에 따른 교육과정의 재점검과 함께 교과과정의 운영시스템에 대한 분석이 필요하다. 이를 위하여 USMMA, PMMA를 중심으로 한 해기 교육기관의 교육내용을 우리나라 해기사 교육기관과 비교 분석한다. 본 연구의 결과로 해양사고 감소 및 예방을 위한 개선된 해기사 교육 시스템을 제안한다.

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A Study on the Enhancement of Maritime Security in Korea Maritime Jurisdiction

  • Lee Eun-Bang;Yun Jong-Hwui
    • 한국항해항만학회지
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    • 제29권7호
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    • pp.619-625
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    • 2005
  • The security vulnerabilities in Korea maritime domain were mentioned and analysed with the static data of crimes relating to maritime security. The counterterrorism and initiatives to reduce the security risk and to minimize the damage are introduced and evaluated. The maritime security strategy and the near term initiatives to enhance the non-military security at Korean sea and ports are proposed in order to response maritime security threats economically, efficiently and safely.

A Study on Chinese Special Regulations Concerning the Maritime Claims

  • Fu, Ting-Zhong;Qiu, Jin
    • 한국항해학회지
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    • 제21권3호
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    • pp.39-47
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    • 1997
  • Under Chinese law system, the maritime law is a special branch of the civil law. For this reason, the maritime litigation shall be governed correspondently by the civil prodecure law. However, since the maritime litigation has its own special prodecure which is different from that of general procedure, there must be some special regulations to be a supplement to the civil procedure law. In this paper, a study is made on such regulations which are "The Regulations Relating to the arrest of Ships Before Litigation" and "The Regulations Concerning the Auction of Ships Which Have Been Arrested by Maritime Court for Clearing off the Debts" The aim of this paper is to describe the basic principles established in the regulations mentioned above in order to make the people who are unfamiliar with Chinese maritime legislation to be understood about Chinese special procedure adopted in maritime litigation.maritime litigation.

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