• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Journal of Navigation and Port Research
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• v.47 no.4
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• pp.220-230
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• 2023

Aids to Navigation (AtoN) is an important tool for safe navigation, and the variety of information provided by AtoN is invaluable. The demand for standardized AtoN information for efficient utilization is gradually increasing, and for this purpose, the International Association of Lighthouse Authorities (IALA) has developed S-201, a standard for the management of AtoN information, and recommends its application to member countries. Notably, since Korea defines AtoNs and manages the information according to the Aids to Navigation Act, the need for definition and information management according to the S-201 standard, an international standard, is even greater. Therefore, in this study, according to the recommendation of IALA, we aimed to suggest a way to manage AtoN information by applying the S-201 standard. To this end, after comparing the classification criteria of the AtoN information of the IALA, and that of Korea's classification standards, Korea's AtoN information management plan applying the S-201 standard was presented. The results of this study provide important basic data for managing standardized digital AtoN information that is easy to use worldwide.