• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.4
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• pp.399-405
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• 2011

Recently, the navigation risk is increasing significantly with growth of marine traffic volume and construction of marine facilities, water bridges, port development and marine wind farm etc. To reduce this kinds of risk, Ministry of Land, Transport and Maritime Affairs enacted a new law called MSA(Maritime Safety Audit) as a comprehensive maritime traffic safety management scheme in order to ensure safety improvements from the early planning stage to post managing of the development which affect the maritime traffic environment. MSA as a tool for improving maritime traffic safety is a formal safety assessment in the existing or future ship's fairway by an independent audit team. It examines the potential hazards of maritime traffic safety, if necessary, and is to ensure the implementation of appropriate safety measures. The object of this paper is to comprehensively evaluate the achievements and implementation problems of MSA about the 2 years, to define the fundamental problems of MSA by conceptualizing and analyzing MSA limits. MSA requires further examination about the introduction of screening and scoping in order to increase the efficiency and objectivity. It will be required the measures concerning policies directions as a tool for planning process for project owner. It will lead to right understanding concerning audit scheme and used in various ways such as amendments to related law.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.71-78
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• 2002

For the first Maritime Accident Inquiry System in Korea, Central Marine Accidents Inquiry Committee were founded in Seoul and District Marine Accidents Inquiry Committee in Busan city In 1963 to determine the circumstances of the accidents and causes. At the present day, it was settled as Maritime Safety Tribunal tough several revision of the Law and regulations regarding the Maritime Accident Inquiry System. In Korea, there occurred about m cases of marine accident, and as a result, about 200 people were lost human lives in average per year. In accordance with the change of circumstances such as traffic increasing and being bigger in size, being faster in speed, etc., the causes of the marine accidents become complicated year by year. Accordingly, in this moment, it is meaningful that the introduction of the Research Official who assists the Judges probing the cases fair and square. In this Paper, with the consideration of the several kinds of Research Official System, such as the Research Official of the Korean Supreme Court, the Supreme Public Prosecutors' Office and the Constitutional Court, Japanese Supreme Court, Law Clerk in USA, etc., the selection, numbers, duty of the Research Official were studied. The results of the study are as follows; 1. The Research Official to be appointed among the person having long enough career as a Judge, Investigator engaged in the Maritime Safety Tribunal due to he sho띨d have capability to confirm perfectly logical judgement and to collect enough material for the conclusion of the causes of the case. The one who understands the foreign language is preferred for the study of the foreign cases; 2. It will be logical to post 3 joint Research Officials in Korea Maritime Safety Tribunal in Seoul after due consideration the cases treated a year; 3. It will be logical for the Research Official to perform the collection of material and inspection of the scene for the trial and inquiry of the cases, to attend the cases filed suit to the Supreme Court, to make commentarial papers regarding the judged cases, to collect statistics of marine accidents and to devise a reform measure through in-depth analysis of the accidents frequently occurred, to study for the improvement of the Maritime Accident Inquiry System;

• Journal of Fisheries and Marine Sciences Education
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• v.29 no.3
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• pp.857-868
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• 2017

The basic safety training for fisheries is being conducted to cope with an emergency situation and prevent the maritime accidents. A new joined person must be educated the safety training and a refresher must be completed the refresher training course every 5 year in according to the STCW-F and seafarers' Act. In order to achieve the objectives of marine safety training, it is necessary to distinguish the trainees by ship's type and the courses should be implemented in consideration of safety equipment of fishing vessels. However, since the classification criteria of seafarers' Act are unclear, the officer of fishing vessels which is over G/T 25 tons has been trained through the same course and curriculum for merchant ship's seafarers. About 80 % of domestically registered fishing vessels are small size ships(less than 100 tons) and there is not many safety equipment required by law. In case of marine accidents such as collision, the small vessel losses its buoyancy and stability caused by damage of hull. despite fisheries fall into the sea during fishing work in bad weather on the deck, there was no safety equipment by law. So fisheries must be trained by a safety training course suitable for fishing vessel. The purpose of this study is to develope the suitable course for fisheries by analysis current curriculum and rules. so suggested the basic safety training course for fisheries and institutional improvement.

• Maritime Security
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• v.6 no.1
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• pp.37-56
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• 2023

Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.2 s.25
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• pp.125-132
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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 산업관리체제를 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.4
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• pp.428-436
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• 2015

This paper considered the concept and characteristic OSV operation business for support the offshore plant and suggested amendment Maritime Transportation Laws, legislative proposals to solve the legal absence and to develop offshore service industry. Because Maritime Transportation Laws specialized for the carriage of passenger and goods by sea is not perfectly covered with Offshore support business in Korea. So it is necessary to make an explicit amendments for the article of Maritime Transportation Laws that founds absence of the law with the definition of terms to correspond related existed regulation reflected on the characteristic offshore support business by using OSV to develop offshore plant industry including support, service, supply, transportation etc. I expect that this paper will be a basic study to make a government policy, law, regulation to activate Offshore Service Industry in the future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.2
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• pp.165-171
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• 2014

This study aims to examine whether Marine sand mining business is Maritime Traffic Safety Audit and priority between Maritime Traffic Safety Audit and Sea Area Utilization Impact Assessment because development and action to use in the ocean is ambiguous, it is overlapped with system of environmental aspect, and priority is not designated. Therefore, the way to improve to settle the overlapping problem etc. between Maritime traffic Safety Audit and Sea Area Utilization Impact Assessment was suggested and legal ground for sand mining is suggested. Because management department for Maritime Safety Act and Marine Environment Management Act is Ministry of Oceans and Fisheries, the solution for this is both embodying co-experts on each committee for determinant of system with maintaining contact and radical revise of law. If revised, the possibility of accident in ocean is decreased, and it can be a way to protect marine environment.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.1
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• pp.44-51
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• 2023

The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.2
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• pp.156-162
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• 2020

Since the early 20th century, there have been reviews and legislations regarding the legal status of the Government ships operated for non-commercial purposes. In particular, as criticized in the absolute theory of immunity in conventional international law, the sovereign immunity theory has become more vital as a restrictive theory for immunity. As per the customary international law and international law of the sea, non-commercial government vessels, including warships, are provided with sovereign immunity on the sea. National universities of Korea have built and operated training ships and survey ships for educational purposes, such as training high-grade mariners and fishing practices. These training ships sail not only on the national maritime jurisdictions but also on the maritime jurisdictions of other States and the high sea. Therefore, clarifying the legal status of national university training ships is one of the important factors in international navigation according to international law. However, it is not easy to answer the question of the legal status of the training ship. Hence, this article analyzes the parameters that define the Government ship operated for non-commercial purposes and examines whether national university training ships are in line with the relevant criterion. Furthermore, the article analyzes the scope of sovereign immunity in conventional international law and international conventions and identifies the scope of sovereign immunity enjoyed by the national university training ships according to international law.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.5
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• pp.566-573
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• 2021

In this study, safety management procedures were developed based on domestic and foreign guidelines and related maritime law to ensure the safe development and implementation of smart autonomous ship technology and Samsung Heavy Industry. The safety management procedure was developed according to the guidelines for (MASS) sea trials (MSC.1/Circ.1604, Annex: Interim guidelines for MASS trials), proposed by International Maritime Organization (IMO) for the relevant authorities and stakeholders of MASS to properly conduct tests of systems and infrastructure related to safety and environmental protection. The developed safety management procedure applies to the maritime demonstration test of a system applying autonomous navigation element technology mounted as a navigation aid on a ship operating under a watch system, while complying with the environmental protection and navigation safety of the coast of Korea.