• Journal of Arbitration Studies
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• v.31 no.1
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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).

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.208-208
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• 2017

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2011.11a
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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.

• Proceedings of KOSOMES biannual meeting
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• 2003.11a
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• pp.99-104
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• 2003

The maritime security risk has been recognized since the terrorists attacked the world trade center and the Pentagon In this paper, maritime security risk is analyzed on the basis if the data of crime in Korean sea We propose the countermeasures to prevent maritime security threats

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.120-120
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• 2017

• Journal of Arbitration Studies
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• v.22 no.3
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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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2011.06a
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• pp.16-19
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• 2011

In 2010 Manila Conference, the revised STCW (International Convention on Standards of Training, Certification and Watch-keeping for Seafarers) of IMO recalled that a large percentage of maritime casualties and pollution incidents are caused by human error. Therefore, education and training improvement will play important role to reduce maritime casualties. From this, we focus on improving safety during sailing through upgrading the education and training for Korean cadets by updating maritime education and training program. In terms of a maritime education program from some of the maritime universities in the world such as United States Merchant Maritime Academy(USMMA) Philippine Merchant Marine Academy(PMMA), are compared to the Maritime University in Korea. As a result, we suggest an effective education system.

• Journal of Navigation and Port Research
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• v.29 no.7
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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.

• Journal of the Korean Institute of Navigation
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• v.21 no.3
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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.