• Journal of Fisheries and Marine Sciences Education
• /
• v.28 no.6
• /
• pp.1761-1771
• /
• 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 Institute of Navigation
• /
• v.19 no.4
• /
• pp.9-40
• /
• 1995

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

• Journal of the Korean Institute of Navigation
• /
• v.14 no.3
• /
• pp.63-73
• /
• 1990

Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.11a
• /
• pp.205-205
• /
• 2017

• Proceedings of KOSOMES biannual meeting
• /
• 2017.04a
• /
• pp.174-174
• /
• 2017

• Journal of Fisheries and Marine Sciences Education
• /
• v.5 no.1
• /
• pp.23-30
• /
• 1993

The Korea Seaman's Act is providing that fishermen s salaries are exceptionally defined and working hours and paid leave are not defined at all. Significant problems of Fishermen's Labor Condition are, (1) It is hard to guarantee the basic right of fishermen as their wages are variable depending on the catch. (2) Excessive working hours would hamper the labor reproduction ability and increase the frequency of disaster. (3) Moreover, fishermen have to search for a new job following the lay off after working aboard during the period defined by contract. The possible implement of Seamen's Act are : (1) The wage system must be unified by regular wages. If it is hard to perish the lay system its relative importance should be diminished whereas the fixed minimum wages and the allowance depending on the position and working days should be paid. (2) This discrimination of the fishing vessels from merchant should be eliminated by removing the item on the Act which excludes the fishermen on the working hours. If it is hard to do so practically the lower regulations defining the maximum periods of duty and minimum periods of rest for fishermen must enact separately as in Japan and England. (3) The difference in the provisions of paid leave between the merchant seamen and fishermen must be abolished (4) It is the most desirable to improve the fishermen's labor conditions through the completion of the Act. However, before doing this, the employers and employees must try to solve the problems through the collective agreement by themselves.

• Journal of Fisheries and Marine Sciences Education
• /
• v.26 no.1
• /
• pp.179-202
• /
• 2014

This study was carried out to reduce the number of marine accidents on versatile small ships and to minimize the casualties. The study looked into the compulsory education systems regarding embarkation on small ships such as the Korean Marine Officers Act, conducted a survey targeting on the education receivers to suggest problems, and drew a conclusion. Conclusions are as follows. First, it is needed to give education opportunities in the system by increasing the recipients of the Ships Officers Act, and to simplify the compulsory education by separating similar courses from the education regulated by the Korean Marine Officers Act, and by establishing integrated courses suitable to each size and facility of ships. Second, in cases where the compulsory education courses of different purpose of ships by other legislations are similar, it is necessary to expand the scope of the inter-education so that corresponding year's education is exempted. Third, by classifying the education ares, the education courses should be based on case studies and the audiovisual or field education that correlates relevant expertise should be managed within a reasonable time frame. Fourth, it is needed to enhance the education effect by converting the regular education courses to practical courses by different ships for safe navigation, and is also needed to review the system so that special courses for safe navigation can be carried out in each region on a regular basis by expanding both human and financial support of special institutions.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.11 no.2 s.23
• /
• pp.41-49
• /
• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• Journal of Fisheries and Marine Sciences Education
• /
• v.28 no.4
• /
• pp.925-935
• /
• 2016

It is provided that seafarers qualified in accordance with STCW(International Convention on Standards of Training Certification and Watch-keeping for Seafarers) convention and code in safety training shall be required, every five years, to provide evidence of having maintained the required standard of competence, to undertake the tasks, duties and responsibilities listed in Chapter VI, section A-VI/1 of the STCW Code A. Every party to the STCW Convention has amended the relevant national regulations according to the above international convention and code. These amended Seaman's Act require the updating safety training which is only five years valid for existing seafarers serving onboard ship on international voyage. And above specified existing seafarers must, as of the 1st January 2017, have documentary evidence of either having completed the training course or updated their training within the last 5 years. In relation to the above international trend, the Korean Ministry of Oceans and Fisheries also has completed an amendment to its Seaman's Act. But, the Korean Seaman's Act has a supplementary provision to exempt the seafarers who have completed STCW advanced safety training from basic safety training. The purpose of this study is to define the problems of above mentioned exemption provisions and to make better policies for improvement. In order to complete the purpose, the research team has conducted an in-depth survey of various foreign cases on STCW safety training. Moreover, the team has suggested an improvement scheme in consonance with Korean shipping industry and society through out this report.

• Proceedings of KOSOMES biannual meeting
• /
• 2006.05a
• /
• pp.153-157
• /
• 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.