• 해양환경안전학회지
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• 제26권6호
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• pp.624-633
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• 2020

최근 인천, 부산 등 지자체를 중심으로 해사법원의 설치에 대해 논의 중이다. 본 연구의 목적은 통합 ELECTRE-CRITIC-ISM기법 기반 해양사고 발생건수를 이용하여 해사법원의 설치 우선순위 평가 모델을 개발하고, 우리나라 해사법원의 설치에 적용하여 유용성을 확인하기 위한 것이다. 이를 위해 먼저 31개의 무역항 중에서 해양사고 데이터가 통합 관리되는 9개의 무역항을 제외한 22개의 무역항을 대상으로 6개의 고등법원 관할에 매칭하였다. 두번째는 CRITIC법은 평가항목인 5년간의 해양사고 발생건수에 대하여 중요도를 산정하고 ELECTRE법과 결합하기 위해 이용되었다. 마지막으로 ELECTRE&ISM법은 해양사고 발생건수의 변동 폭을 고려한 고등법원 간 선호도 및 비선호도를 분석하고 우선순위를 평가하기 위해 이용되었다. 해양사고 발생건수의 변동 폭을 중간으로 고려하여 최종순위를 평가한 결과 부산고등법원이 1위, 광주고등법원은 2위, 서울고등법원 3위, 대전 및 대구고등법원은 4위, 수원고등법원은 6위로 우선순위가 높게 나타났다. 따라서 부산고등법원에 해사법원의 우선설치가 필요하다.

• 해양환경안전학회지
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• 제8권2호
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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;

• 한국항해항만학회지
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• 제46권2호
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• Strategy21
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• 통권40호
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• pp.144-161
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• 2016

A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.

• 해양환경안전학회지
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• 제11권1호
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• pp.1-9
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• 2005

해양안전심판에는 징계와 권고 또는 명령 등 개인의 권익에 대한 제한이 뒤따르며, 또한 그 결과는 해양사고 관련 민사재판에도 지대한 영향을 미치게 된다. 우리의 해양안전심판제도에는 해양사고관련자가 심판변론인의 도움을 받을 수 있도록 되어 있지만 그 비용이 만만치 아니한 관계로 경제적인 사정에 따라 제약을 받게 되어 있다. 본고에서는 경제적인 사유로 심판변론인의 도움을 받지 못하여 불이익을 당하는 해양사고관련자들을 위하여 사법제도 등의 유사제도를 검토$\cdot$ 연구한 결과 다음과 같은 방법에 의한 무료 심판변론제도의 도입을 제안한다. 1. 심판법령에 "강제변론주의"와 "국선변론인제도"를 도입하고 그 비용을 국가가 부담 2. 위 제도를 도입하되, 국선변론인을 해사관련단체 소속 임직원 중에 선임하고 비용은 소속단체에서 부담 3. 심판원 산하단체로서 금융지원 등 구조활동을 수행할 "해양안전심판협회" 설립

• 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.

• 한국항해학회지
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• 제16권2호
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• pp.29-39
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• 1992

According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

• 한국중재학회지:중재연구
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• 제28권4호
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• pp.153-172
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• 2018

In solving international commercial disputes, arbitration has a unique advantage. Therefore, when most parties sign a charter party, they contain arbitration clauses. Whether the arbitration clause in the charter party can be effectively incorporated into the bill of lading and bind to the third party-bill holder becomes an important issue. Based on the problem above, this paper compares the arbitration system between Korea and China, and discusses the composition of the Chinese Maritime Court and the Chinese court's adjudication of arbitration for foreign countries, which are recognized and enforced in China. What is most important in this study is observing the Chinese case from the beginning of 2000 to the present in order to rule whether the Chinese court can effectively incorporate the arbitration clause in the charter party into the bill of lading, as well as whether it constitutes an effective binding force for third parties and changes in standard of recognition. Finally, through comparative analysis, the study concludes that in China, the arbitration clause in the charter party can be effectively incorporated into the bill of lading, and that the conditions for the third parties can be effectively restrained. There must be several points to be noted when recording the bill of lading. This would then help reduce the legal risks and promote the sustainable development of international transactions.

• Strategy21
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• 통권40호
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• pp.131-143
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• 2016

On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

• 한국중재학회지:중재연구
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• 제30권4호
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• pp.163-177
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• 2020

There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.