• 무역상무연구
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• 제44권
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• pp.111-180
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• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• 한국항해항만학회지
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• 제37권5호
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• pp.519-526
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• 2013

해운산업이 발달하면서 해운업을 영위하기 위한 선박의 감항능력도 발달하게 되었다. 하지만 감항능력의 향상에도 불구하고 해상에서의 선박사고는 지속적으로 발생하고 있다. 대형 해양사고에 대한 대처방안의 일환으로 진행된 국제해사기구에서의 조사 및 연구는 선박의 물리적 감항성 이외에 선박을 운영하는 인적자원의 과실에 주목하게 되었다. 이러한 인적과실에 대한 대처방안으로 1994년에 '1974년 SOLAS 협약'의 부속서로 '국제안전관리규약'을 채택하게 되었다. 우리나라는 1999년에 'ISM Code'를 구 해상교통안전법(현 해사안전법)에 관련 조항을 신설하여 시행하고 있다. 최근 개정된 해사안전법에서는 해운선사가 선박의 안전운항 및 해양환경보호를 위한 안전관리체제를 수립하고, 이를 이행하기 위한 사업장의 인적 구성원들이 갖추어야 할 요건에 대해서 규정하고 있다. 하지만 선박소유자 또는 안전관리대행업자 등은 조문내용을 해석함에 있어 명확하고 통일된 의견을 내지 못하고 있어 혼란을 야기하고 있다. 이 논문에서는 해사안전법상 안전관리 책임자의 자격기준 등에 관한 법률상의 문제점을 살펴보고, 이에 대한 개선방안을 제시하고자 한다.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 1996년도 한국자동제어학술회의논문집(국내학술편); 포항공과대학교, 포항; 24-26 Oct. 1996
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• pp.1233-1236
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• 1996

Attitude Control System for a Hydrofoil type catamaran in wave is designed using a Decentralized Adaptive Control technique which is announced already by authors. This automatic attitude control system is designed for its good seaworthiness and for robustness on the variation of center of gravity. The performance is compared with a PID controller and the results show that the Decentralized Adaptive controller has better stability on the variation of the center of gravity.

• 무역상무연구
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• 제71권
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• pp.147-170
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• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• 해양정책연구
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• 제33권2호
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• pp.147-181
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• 2018

Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

• 한국항해학회지
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• 제22권2호
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• pp.89-98
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• 1998

In the field of research of seakeeping quality, much development has been made incent years using the method of calculation based on the strip theory. It is indispensable to grasp quantitatively the seaworthiness of a ship in order to draw correct design at initial stage and to perform proper operations at sea services. In this paper, the responses of three fishing vessels are calculated using statistical and spectral analyzing method to get the characteristics of the motion response. From the theoretical result we know that the significant values of the pitching and rolling motion can be signiicantly affected by not only the ship's tonnage but also the mean wave period in spite of the similar sea environment. So we can apply these expected results to the safe maneuvering and fishing operations in rough weather conditions by combining environmental circumstance with the stability condition of vessels.

• 대한조선학회지
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• 제21권3호
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• pp.11-18
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• 1984

In recent days, many manufacturing factories have been established and operated along riversides or on sea coasts. In consequence thereof, modern inland vessels with their small draught but large carrying capacity have been developed to operate as a single unit or in convoy with a barge. Knowledge in the behaviour of inland cargo vessels in shallow water exists presumably in U.S.A., U.S.S.R. and West Germany Literature available on this subject is quite limited. Model tests were carried out, both in calm water and in waves to obtain hull lines, which not only improve the seaworthiness of inland vessels but also permit to run in convey with other vessels on inland waterways. The results, which to some extent have also been tested in full scale, are entirely satisfactory. This paper discribes the resistance of some newly developed inland water cargo vessels.

• 수산해양교육연구
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• 제5권2호
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• pp.110-118
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• 1993

A squid gill-net fishing vessel Jayueoroho which was being insured ITC-Hulls and was laid up long period illegally under the condition of unmanned in the Pert of Kamcheon. On 30, March, 1993, the fishing vessel moved out toward the high sea by assistance of two tugboats, 12 miles southeast from Teajongdae, to discharge sewage. At that time the shipowner, the skipper, chief engineer and two labourers were boarding, and a fire was broken out by electric leakage at sea. For all their efforts of fire-fighting operation the fishing vessel foundered with explosion. In this case, she had been breached the warranties of legality, especially Korean maritime acts concerned, and the warranties of seaworthiness(MIA 39(5)) as attributable cause because of unmanned on board by wilful misconduct of the insured. Therefore it is prima facie evidence that the insurer is not liable for any loss attributable to the wilful misconduct and breach of warranties of the insured in MIA 1906.

• 대한조선학회논문집
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• 제59권6호
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• pp.432-438
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• 2022

This study focuses on improving quality management system of naval ships to enhance safety. Recently, there were problems caused by the lack of quality management system when building Korea naval ships. Foreign naval ships are designed and built through certification by professional organizations in the commercial sector to reduce budget and enhance ship safety. Merchant ships are designed, built, operated and maintained by the organizations in accordance with the Ship Safety Act. When naval ships are exported, the ordering country requires the certification from the international classification to ensure the safety and reliability of ships. Through this study, as a method of improving the quality management system of naval ships, design verification, equipment certification and construction survey using expertise of the organizations are proposed when designing and building the naval ships.

• 해양환경안전학회지
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• 제24권1호
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• pp.56-67
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• 2018

세월호 사고 이후 우리나라의 해사안전분야에 해사안전감독관 제도가 도입됨으로써 내항선분야의 안전관리는 한층 강화되었다. 해양사고의 방지를 위해 도입된 해사안전감독관 제도는 정기 및 수시 지도 감독을 통하여 해양사고 방지활동을 하고 있다. 이들은 지도 감독 중에 발견된 여러 결함들에 대해서는 선박시설의 보완이나 대체, 소속 임직원에 대한 교육 및 훈련의 실시, 소속 직원의 근무시간 등 근무환경의 개선, 그 밖에 해사안전관리에 관한 업무의 개선 등의 4가지 분야로 분류하여 시정조치를 요구하는 개선명령의 조치를 취하고 있다. 또한 이들 중 선박의 시설분야는 그 시설의 보완이나 대체가 완료될 때까지 항행정지를 같이 명령할 수 있도록 하여 해양사고 예방에 기여하고 있다. 그러나 선박의 안전운항에 심각한 위협을 주는 결함에 대해서는 비단 시설분야뿐만 아니라 다른 분야에서도 항행정지 명령의 처분을 할 수 있어야 한다. 그럼에도 불구하고 현재의 항행정지명령 제도는 시설분야만으로 제한되어 있어서 해양사고 예방활동을 위한 감독관의 지도 감독에는 한계가 있다. 따라서 감항성 확보를 통한 해양사고 예방을 위하여 선박의 시설분야뿐만 아니라 화물적하운용, 증서 및 문서, 안전관리체제, 비상훈련을 포함한 인적요소, 근로조건 등의 분야까지 확대하여 항행정지 명령이 가능하도록 해사안전감독관의 항행정지 명령 제도의 개선이 필요하다.