• Title/Summary/Keyword: Ship Safety Act

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Legal Issues in Application of the ISPS Code under Marine Cargo Insurance (해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점)

  • Lee, Won-Jeong;Yoo, Byung-Ryong
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.307-316
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    • 2014
  • In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

Effects of a Hands-on training on Sea survival knowledge, Shipboard fire-fighting knowledge and Emergency response leadership in Seafarers -Focusing on the Advanced safety training for coastwise vessels under the Seamen Act- (체험 실습 교육이 현직 선원의 해상생존 및 선상소화 지식과 비상대응 리더십에 미치는 효과 -선원법상 국내선 상급안전재교육 중심-)

  • HAN, Se-Hyun
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.1
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    • pp.1-12
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    • 2017
  • The purpose of this study was to identify the effects of a hands-on training regarding maritime safety including abandon ship and fire-fighting as related to sea survival, fire-fighting knowledge and emergency response leadership in seafarers engaged on a seagoing ship. The study was conducted with a nonequivalent control group pre-posttest design. Two hundred-sixty-six participants were assigned to either the experimental group(128) or control group(138). The hands-on training regarding maritime safety included sea survival and fire fighting drill, and it was implemented with the experimental group for two days from July 1, 2015 to June 30, 2016. Data was analyzed using chi-square, t-test and ANCOVA by using IBM SPSS Statistics(version 24) program. The experimental group who had the hands-on training showed significantly higher sea survival knowledge(F=902.32, p<.001), shipboard fire-fighting knowledge(F=1013.76, p<.001) and emergency response leadership(F=1802.62, p<.001) for maritime safety compared with the control group who had traditional education. The results indicate that a hands-on training is an effective teaching method to improve sea survival, fire-fighting knowledge and emergency response leadership in seafarers engaged. Further study is needed to identify the effect of a hands-on training regarding maritime safety according to the environmental changes of seafarers.

Empirical Analysis on the Apportionment System of Causation Ratio in the Ship Collision (선박충돌사고 원인제공비율 산정제도에 대한 실증적 고찰)

  • Kim, Tae-Goun;Hong, Sung-Hwa
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.603-609
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    • 2013
  • In December 1998, Act on the investigation and inquiry into marine accidents was amended by inserting new Paragraph (2) of Article 4, which states "Where two or more persons are related to the occurrence of a marine accident when the Maritime Safety Tribunal(hereinafter referred to as the "MST") examines the causes of a marine accident as provides for under Paragraph (1), the MST may disclose the extent to which each responsible person is related to the cause of the marine accident". Based on this new Paragraph, the apportionment system of causation ratio in the ship collision was introduced in February 1999. However the apportionment system is adopted 12 years ago, public debate has continued about the positive and negative aspects of the system. Thus some groups advocate the system for the advantages, but other groups argue that this system should be abolished. Therefore, at first, this study analyzes the adopting background and the main reasons of the pros and cons discussion on the apportionment system of causation ratio in the ship collision. Then we conduct a survey analysis to investigate stakeholder's satisfaction of this new system in the ship collision cases. Finally this study suggests the policy proposal to improve the apportionment system of causation ratio in the ship collision.

A Study on the Improvement of Manning Standards of Small Vessel Operator in the Ship officer's Act (선박직원법상 소형선박조종사의 승무기준 개선에 관한 연구)

  • Kim, Dong-Geun;Jeon, Yeong-Woo;Jeong, Ho-Soon
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.85-90
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    • 2006
  • The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation of current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and processes its improvement scheme to secure the safe operation of vessels.

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A Study on Adopting an Ex Post Facto Management System and Reforming the Maritime Traffic Safety Audit Scheme (해상교통안전진단 사후관리제도의 도입 및 제도개선에 관한 고찰)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.7
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    • pp.807-813
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    • 2016
  • The Maritime Traffic Safety Audit Scheme was institutionalized in 2009 to provide for professional surveys, measurement and the evaluation of navigational hazards that might occur in coastal waters in the course of marine work. Related researches that dealt with the reform of the Maritime Traffic Safety Audit Scheme found that there were no rules or regulations for verifying whether marine work conformed to audit results and reviewing the exactitude of ship handling simulations which were a crucial part of the scheme. According to the necessity of adopting an ex post facto management system in the field of maritime traffic, this study analyzed the similar audit acts such as the Natural Environment Impact Audit Scheme and the Road Traffic Safety Audit Scheme, and proposed specific articles for revising Maritime Safety Act in order to break out from the institutional inertia of the current Maritime Traffic Safety Audit Scheme. It is expected that a newly proposed legal system for verifying the performance of audit results and the exactitude of audits will help improve maritime traffic safety by eradicating potentially hidden hazards related to marine work.

A basic study on the introduction of safety management system for the deep-sea fishing vessel in Korea (원양어선 안전관리체제 도입에 관한 기초 연구)

  • LEE, Yoo-Won;KIM, Seok-Jae;PARK, Tae-Geun;PARK, Tae-Sun;KIM, Hyung-seok;RYU, Kyong-Jin
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.52 no.4
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    • pp.364-371
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    • 2016
  • The analysis on the international safety management code (ISM Code) and case of foreign national safety management for fishing vessel was conducted to serve as a basic data on the introduction of safety management system (SMS) for a deep-sea fishing vessel in Korea. As a result, Maritime New Zealand (MNZ) has managed operations of SMS in the maritime rules according to the Maritime Transport Act since 1994. MNZ underwent a safe ship management (SSM), which includes elements applied to shipping companies, ship and verification of the ISM Code for ships, except ISM Code application since 1998. In 2014 the introduction of the advanced maritime operator safety system (MOSS) superior to the SSM by MNZ was promoted actively switch and enforcement. Meanwhile, the safe operation manual of Japanese fishing vessel includes large part of the contents of the ISM Code, and voluntary implementation to fit the realities of the fishing vessel. The law application of SMS for a deep-sea fishing vessel after the newly establishment of the Ocean Industry Development Act to SMS would be advantageous to the schematic management, supervision, maintenance and application and, in 2016 from the implementation of maritime safety supervisor for a deep-sea fishing vessel that the management and supervision through the fishing vessel will be the efficient operation. The configuration of the safety management system in a deep-sea fishing vessel should be included as an element of ISM Code. The introduction of such a system is gradually applicable, such as nationality overseas vessel case study of the ISM Code, and vessels that are excluded from the application will be implemented as autonomous as Japan. The results are expected to contribute to sustainable development in the ocean industry safety culture spread throughout the ocean industry through the enhancement of safety fishing competency and safety management responsibility of fisher.

Study on Equivalent Consumption Minimization Strategy Application in PTI-PTO Mode of Diesel-Electric Hybrid Propulsion System for Ships

  • Lee, Dae-Hong;Kim, Jong-Su;Yoon, Kyoung-Kuk;Hur, Jae-Jung
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.3
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    • pp.451-458
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    • 2022
  • In Korea, five major ports have been designated as sulfur oxide emission control areas to reduce air pollutant emissions, in accordance with Article 10 of the "Special Act on Port Air Quality" and Article 32 of the "Ship Pollution Prevention Regulations". As regulations against vessel-originated air pollutants (such as PM, CO2, NOx, and SOx) have been strengthened, the Ministry of Oceans and Fisheries(MOF) enacted rules that newly built public ships should adopt eco-friendly propulsion systems. However, particularly in diesel-electric hybrid propulsion systems,the demand for precise control schemes continues to grow as the fuel saving rate significantly varies depending on the control strategy applied. The conventional Power Take In-Power Take Off(PTI - PTO) mode control adopts a rule-based strategy, but this strategy is applied only in the low-load range and PTI mode; thus, an additional method is required to determine the optimal fuel consumption point. The proposed control method is designed to optimize fuel consumption by applying the equivalent consumption minimization strategy(ECMS) to the PTI - PTO mode by considering the characteristics of the specific fuel oil consumption(SFOC) of the engine in a diesel-electric hybrid propulsion system. To apply this method, a specific fishing vessel model operating on the Korean coast was selected to simulate the load operation environment of the ship. In this study, a 10.2% reduction was achieved in the MATLAB/SimDrive and SimElectric simulation by comparing the fuel consumption and CO2 emissions of the ship to which the conventional rule-based strategy was applied and that to which the ECMS was applied.

Improving the Ship Marine Pollution Prevention Manager Education and Training Curriculum - Based on a Comparative Analysis between Korean and Foreign Legal Education - (선박 해양오염방지관리인 교육·훈련 교육과정 개선방안에 관한 연구 - 국내·외 법정교육 비교·분석을 기반으로 -)

  • Choi, Jung-Sik;Ha, Min-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.353-365
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    • 2020
  • The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

Suggestion of Proposal to Enact Domestic Act on the Prevention of Pollution from Ships (선박오염방지에 관한 국내법률 제정안 제시)

  • Kwon, Young-Cheol;Baik, Cheol-Ho;Yoo, Young-Jong;Lee, Chan-Jae
    • Journal of Korea Ship Safrty Technology Authority
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    • s.29
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    • pp.42-59
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    • 2010
  • IMO에서는 MEPC58차, 59차 회기에서 선박평형수, 온실가스, 선박재활용 등 약 20종의 의제가 논의되었으며 이들 중에서 시급성을 요하는 NOx, SOx 강화기준, 유조선간 유류이송, IOPP증서 및 기름기록부의 양식변경 등에 관한 MARPOL 부속서6 및 1의 결의사항에 대하여 국내의 해양환경법에도 국제협약의 개정사항을 수용해야 한다. 또한, 정부에서는 현행의 해양 환경관리법에서 선박오염방지에 관한 법률을 분리제정하려는 동향이 있는 바 정부시책에 동참하는 선상에서 국제협약의 개정사항을 반영한 선박해양오염방지에 관한 법률 제정안을 선박검사 기관의 입장에서 제시한다.

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