• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1761-1771
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• 2016

In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.64-71
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• 2022

The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.

• Journal of the Korean Institute of Navigation
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• v.16 no.3
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• pp.1-17
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• 1992

Although there are numerous regulations provided for the Steering and Sailing Rules on the International Regulation forPreventing Collisions at Sea, 1972(hereinafter called COLREG), the most important Sailing Rules for approaching between two vessels in sight of one another could actually be defined as three typical aspects based on both the COLREG and practical sea experience. The Rules are overtaking , head-on situation and crossing situation applicable, those clearly prescribes on the COLREG. Thus, for easy understanding of these Rules comprehensive legal research is performed by every chapter in this paper so as to make practical implementation by duty officer of apprentice of shipping concerned. Consequently an aim of the study intends not only to exonerate any vessel, or the owner, master or crew there of, from consequences of well understanding and timely implementation to complying with the aforementioned three typical Steering and Sailing Rules which may be required by ordinary practice of seamen but also to avoid risk of collision at sea.

• Journal of the Korean Institute of Navigation
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• v.17 no.1
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• pp.1-15
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• 1993

According to careful study on the COLREGS, 1972, we can easily find out a main point that is to eliminate risk of collision at sea through exercising due regard to all danger of navigation and collision and to any special circumstances including the limitation of the vessels involved, or precaution which may be required by the ordinary practice of seamen. This paper, therefore, aims to clarify legal concept concerning the risk of collision so as to easier assimilate and understand by all mariner before being presented with a situation of danger in realty. After such a forethought and understanding the mariner will be in a position timely to implement the due regard or precaution to avoid collision by himself. For the purpose of good guidance, comprehensive legal practices of collision avoidance are adequately summarized by foreign and domestic cases.

• Journal of Navigation and Port Research
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• v.37 no.2
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• pp.123-128
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• 2013

In spite of advanced navigational devices and reinforced mandatory standards of officers' education, the number of ship's accidents are increasing. The accidents caused by minor license officers are more than the number of accidents caused by superior license officers. There are many cases of collisions in the past 5 years released on Marine Accidents Inquiry Agency. Especially, officer's negligence from the consequences of the neglect of any precaution which may be required by the ordinary practice of seamen is the main reason behind ship's collisions. For reducing ship's accidents caused by human error, this paper suggests to develop effective training program using analysis date of domestic and foreign education system as a reference.