• Title/Summary/Keyword: Ship's encounter

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A Study on Seaman's Criminal Responsibility of Marine Accidents (해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰)

  • Song Yong-Seop;Suh Geo-Suk;Park Yong-Uk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.41-49
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    • 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.

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Effectiveness of Leading Light by Reflecting the Characteristics of Marine Traffic at Gamcheon Port (감천항 선박교통 특성을 반영한 도등 효용성 분석)

  • Shin-Young Ha;Seung-gi Gug
    • Journal of Navigation and Port Research
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    • v.48 no.3
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    • pp.232-238
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    • 2024
  • This study examines the effectiveness of Gamcheon Port's leading lights in reflecting the characteristics of ship traffic entering the port. The leading light of Gamcheon Port was proposed and installed in 1996 during the basic design process of supplementing the port's route signs for the entry and exit of 4,000 TEU container ships. Since then, it has been improved to accommodate the entry of 50,000 DWT general cargo ships and to reflect the crane height of Hanjin Pier, as a result of a review study conducted by the Busan Regional Maritime Affairs and Fisheries Administration to improve the still temperature of Gamcheon Port by relocating existing outer facilities. However, an analysis of the current characteristics of maritime traffic at Gamcheon Port reveals that maritime traffic congestion is smooth and the proportion of small and medium-sized ships under 10,000 tons is higher than that of large ships, resulting in decreased efficiency of the leading lights to respond to the entry of large ships. Nevertheless, considering the increasing CAGR of the entry ratio of ships of 30,000 tons or more by 8.45%, preparations for the anticipated increase in the proportion of large ships entering the port in the future are necessary, and it is preferable to maintain the function of the leading lights rather than demolishing the entrance to Gamcheon Port. The narrow nature of the Gamcheon Port route poses a higher risk of collision when ships entering and exiting encounter each other, which can burden the navigator. Therefore, instead of maintaining the function of the leading lights, it is possible to relocate the conduction light to reduce maintenance burden and install a direction light in its place. When installing the direction light, it is worth considering using Double Sector Lights instead of the currently installed Single Sector Lights at nearby Busan Bukhang Port, as the former can improve user satisfaction by providing a clearer middle line and reducing difficulties in distinguishing between points.