• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.141-163
• /
• 2012

In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receivetraining in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for "Expedited Procedure," this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.04a
• /
• pp.141-141
• /
• 2017

• Journal of Fisheries and Marine Sciences Education
• /
• v.25 no.2
• /
• pp.448-457
• /
• 2013

The media is an effective means of preventing crime. It can be known to members of the media presiding over the most widely and rapidly. Because of this, the mass media is a good way to prevent such crime. Related to general crime, marine crime will have unique characteristics and about Crimes reported by the media, it is also true. The results of this study are as follows. Firstly, it is required that the more accurate present article must be published and reported. Secondly, for more accurate presentation of measure, there is a need to enhance professional training for reporters. Thirdly, the marine weather report is the most important political purpose of considering marine crime prevention. Forthly, marine crime is likely to be a lack of evidence. Therefore, in order to supplement the lack of evidence maritime security agency should be utilized for a news source.qualification Fifthly, the need for regular inspection of the articles is requested. Sixthly, for judicial control maintenance of the media related laws should be strengthened. Finally, the arbitration institution for media rights should be established under the Korea Ministry of Land Infrastructure and Transport. This is practical action for marine crime prevention.

• Proceedings of the Korean Society for Information Management Conference
• /
• 1997.08a
• /
• pp.135-138
• /
• 1997

The purpose of this research is to analyze the usage of foreign legal information by Korean legal practitioners according to the field of legal service being provided. Among professional fields that showed a significant difference. legal information of commercial firms and banking was most searched from U.S. legal information, actions and arbitration was most highly sought for in Japanese legal information, and legal information of England was most frequently used for maritime field, but a significant difference was not shown for that of labor.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.11a
• /
• pp.221-221
• /
• 2017

• Journal of the Korean Society for Marine Environment & Energy
• /
• v.12 no.2
• /
• pp.104-110
• /
• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.