• Title/Summary/Keyword: Maritime Law Enforcement

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A Comparative Study on the Marine Law Enforcement System of Korea, China and Japan - With emphasis on the amendment of Chinese Marine Law Enforcement System - (한.중.일(韓.中.日) 해상집법체제(海上執法體制)에 관한 비교연구(比較硏究) - 중국해상집법체제(中國海上執法體制)의 개선방안(改善方案)을 중심(中心)으로 -)

  • Park, Moon-Jin;Jin, Qiu
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.159-166
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    • 2006
  • 1994년 "유엔해양법협약"의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산엽관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

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A Study On the Design of Preventive Index of Maritime Accidents (선박사고 예방지수 설계에 관한 연구)

  • Bae, Jun-Ki;Lee, Eun-Bang
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2013.10a
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    • pp.34-36
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    • 2013
  • Despite the fact that navigation technology and educational programs were developed and maritime law has been enforced strictly, the number of maritime accidents has not dropped significantly. In order to reduce traffic accidents at sea, the preventive index for maritime accidents is designed and measured to evaluate and visualize the activities performed. The survey module is composed of preventive domains such as education, engineering, enforcement and information. The index was abstracted from the statistics of maritime accidents causes(2010~2012). It can be evaluated by using the newly developed survey modules. It was found that there is some correlation between the index value and the accident rate of maritime traffic. It is expected that this index will become another useful tool to help prevent maritime accidents.

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A study on the method of adoption of Korean law for the electro-technical officer (선박 전자기관사의 국내법적 수용방안에 관한 고찰)

  • Lee, Sang-Il;Choi, Jung-Hwan
    • Journal of Advanced Marine Engineering and Technology
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    • v.38 no.4
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    • pp.486-494
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    • 2014
  • IMO adopted comprehensive revisions to the International Convention and Code on Standards of Training, Certification and Watchkeeping (STCW) at diplomatic conference in Manila, Philippine in June 2010. In Korea, the legal amendment of Korean Marine Officers Act has been proposed to apply revised STCW convention to The Korean Law. The Korean Marine Officers Enforcement Ordinance Act currently working on follow-up and this legislation was passed in Legislation and Judiciary Committee. This thesis would like to look into the current status of how to apply the Electro-Technical Officers standard and license system from the Korean Marine Officers Act to be revised. Also, This study aims to effectively improve for Korean Marine Officers Enforcement Ordinance of Electro-Technical Officers system and to provide the policy proposal.

The Examination and Development Plan of Maritime Policing Act ("해양경비법" 검토와 발전방안)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.32
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    • pp.95-122
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    • 2012
  • The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.

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A Study on the Maritime Labour Convention, 2006 (2006년 해사노동협약에 관한 연구)

  • Lee, Young-Sun
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.153-157
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    • 2006
  • The General Conference of International Labour Organization adopted the Maritime Labour Convention on 23 February 2006 in Geneva, Swiss and it is. composed of four structures of Preamble and Articles, Regulations, Code A and Code B. According, in the preparation of future enforcement, amendments to the Seamen Act, etc. and relevant regulations are needed and regarding issue of the Maritime Labour Certificate and preparation of The Declaration of Labour Compliance, relevant law and regulation for Recognized Organization and training for related persons, etc. should be established.

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Maritime Interdiction against the DPRK's Illicit Maritime Practices (북한의 불법 해상활동에 대한 해양차단에 관한 연구)

  • Kim, Jeong-Soo
    • Strategy21
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    • s.46
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    • pp.29-56
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    • 2020
  • Despite the deep concerns against the DPRK and the harsh sanctions imposed on it, the country renders the sanctions futile by facilitating various illegal trades such as the ship-to-ship transfers of petroleum or coal. Recently, the international community went into paying attention to solve this matter. Among the measures the community can take, "reinforcing the search and inspection of the DPRK related vessels transiting in the high and territorial seas" is the best policy approach to reduce the sanction evasion and provide the international community with considerable bargaining advantages. This measure requires the forceful action by legal enforcement agencies, also known as VBSS. (Visit, Board, Search, and Seizure) It would make the deals prohibited by the UNSCRs (United Nation Security Council Resolutions) less profitable by reducing the expected return on the deals and increasing the cost for them. So, it would make the illegal deals under the table less attractive. The DPRK has been able to render the sanctions futile by exploiting the limitations of the current maritime sanctions. The resolutions are short of being specific about law enforcement, and the PSI (Proliferation Security Initiative) is legally nonbinding. However, if the UNSCRs and the PSI are combined, they can generate a new source of power and exploit the weakness of the DPRK. Noting that the recent UNSCRs stipulated all the legal discussions in the resolutions are confined and applied only to the DPRK, the PSI can target the commercial trade as well as the WMD-related materials in the case of the DPRK's illegal maritime practices. Therefore, the PSI endorsing partners should go beyond mere commitments. They should discuss action plans to implement the maritime interdictions to the extent that they discourage the DPRK and its business partners continuing the illegal activities.

International Law Perspectives of Deploying ROK Naval Power On Dokdo - Focus On Effective Control of Dokdo - (독도의 해군력 배치에 관한 국제법적 검토 및 발전방향 - 실효적 지배 개념을 중심으로-)

  • Kim, Nam-Gu
    • Strategy21
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    • s.32
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    • pp.97-122
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    • 2013
  • The basic stance of the Republic of Korea Ministry of Foreign Affairs was 'quiet diplomacy'. However, there had been demands for specific plans for practical protection of Dokdo. In 2011, Prime Minister Kim Hwang Sik mentioned that they are reviewing measures of stationing marines on Dokdo, while on August 10th, 2012, former president Lee Myung Bak visited Dokdo. The visit itself was meaningful as he was the first supreme commander to visit Dokdo. This paper studies on the necessity of naval power on Dokdo to maintain its effective control. The effective control must be done by a national organization in a peaceful and unimpaired method. If so, can stationing naval power, whether directly or indirectly, on Dokdo be considered a violation of 'peaceful' method? A 'peaceful' effective of control meas the right of sovereignty over a territory without other country's protest. In such terms, protecting a territory falls under practicing the right of sovereignty, and therefore does not violate 'peaceful'. In addition, looking at international cases such as Ligitan/Sipadan Case and Pedra Blanca Case, evidences such as 'navy activity', 'flyng ensign', and 'military communication facility installation' was used. In ter case of Yemen-Eritrea dispute over Hanish, methods on effective control over island and sea was also ruled by the installation of military posts and military surveillance activities. Thus, stationing naval power on Dokdo can be a way of maintaining effective control per international law. To station naval poer on Dokdo, Presidential Instruction 24 integrated Defense Guideline Enforcement Ordinance, which is domestic law, must be revised. Reason being, the Enforcement Ordinance states that the navy area of responsibility excluded Ullundo, where Dokdo is under jurisdiction of Ullungdim thus excluding navy control. In addition, considering the diplomatic situation, it is more fut to install navy radar site on Dokdo rather than 'stationing marines'. In other words, enforcing surveillance in the vicinity of Dokdo and installing radar site instead of stationing direct combatants is one way of practicing effective control without stimulating diplomatic disputes.

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A Study on China's Maritime Organization and Ocean Policy (중국(中國)의 해양관리조직(組織)과 해양정책(政策) 고찰)

  • Kim, Chu-Hyong;Kim, Min-Jong
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2009.10a
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    • pp.281-282
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    • 2009
  • It is said that China's maritime organizations are large-scaled and complicated things, so-called 5 dragons in Chinese ocean. Therefore that has caused several matters and inefficiency in many maritime fields. However Chinese leaders have acknowledged the importance of ocean and have pursued consistent policy in their ocean, for example, 5.11 project, national ocean development plan etc, As a neighbouring country contrasting with China on Yellow Sea, Korea shall study China's ocean policy and their features in maritime organization in order to prepare for the intense competition in future at sea.

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A study on Maritime Safety Audit(MSA) and it's Guideline (해상교통안전진단제도 및 기술기준 연구)

  • Cho, Ik-Soon;Kim, Kyoung-Mi;Jang, Woon-Jae
    • Journal of Korea Ship Safrty Technology Authority
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    • s.28
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    • pp.36-45
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    • 2010
  • While the vessel become bigger and high speed, navigational passages become narrow due to an enlargement of all sorts of new ports, sea-crossing bridges and anchorages, leading to the high probability of marine accidents. Furthermore, a constant increase in the maritime transportation and the traffic volume on the sea led to a variety of sea traffic environments and it is a trend for the demand for the sea transportation environment to increase steadily. At this point of time, the Ministry of Land, Transport, and Maritime Affairs introduced the Korea Maritime Safety Laws evaluating the degree that The Safety Audit System for maritime transport, which evaluates the degree that all kinds of port facilities installed temporarily or installed into navigational passages, and the installations and repair constructions of S.O.C. facilities affect ships' traffic safety, was introduced through Korea Maritime Safety Laws and went into effect from November 28th, 2009. This study was performed to introduce an outline including the concept and purpose of the Maritime Safety Audit(MSA) system for maritime transport and the technological guidelines for scientific and standardized enforcement, thereby analyzing the system.

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Issues and Vision of Korea Maritime Police

  • Lee, Sangjib
    • Proceedings of KOSOMES biannual meeting
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    • 2000.05a
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    • pp.14-25
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    • 2000
  • Should the Korea Maritime Police Agency (KMPA) be a comprehensive, multi-functional organization for a unique on-scene service at sea, as in the case of the U.S. Coast Guard, or should it be simply a water police agency, confining its mission only to law enforcement? The argument about enlarging or limiting KMPA's function has been and will be repeated. In this paper, Lee Sangjib highlights the internal and external issues facing KMPA, stemming partly from deficiencies of its struggles for advancement of the organization and partly from shortcomings of political support for it. In this regard, he urges KMPA to practise a scientific management system for maximizing cost-effectiveness of its administrative resources and for maintaining its identity and characteristics as a lead maritime agency. In addition, he also suggests that KMPA adopt the Total Quality Management System for quality improvements in services and greater efficiency in its organization structure to meet the future competition in the changing political and legal environment. He further recommends the proactive, non-regulatory 'Prevention Through People' program, pioneered by the U.S. Coast Guard, as a way of changing KMPA's existing lopsidedly legalistic culture. He concludes by providing a 6-point vision statement for KMPA from the standpoint of favoring enlarging the function of KMPA.

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