• Title/Summary/Keyword: maritime insurance

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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.

Analysis on the safety perception of ocean leisure business owners (수상레저 사업자의 안전의식 실태 분석)

  • Jeong, Jong-Seok
    • Journal of Navigation and Port Research
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    • v.32 no.5
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    • pp.409-413
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    • 2008
  • This study came to the following conclusions through the survey which was conducted to ocean leisure business runners to find out current business situation and the perceptions about the revised regulations the safety law of water leisure. This survey showed that most of the respondents agreed about receiving water safety training for regulated time when they obtain or renew their licenses. 63.5% answered that water safety training is needed. There was a considerable demand for registration system of leisure boots. 70.3% presented that registration system of private leisure boots should be introduced. It is confirmed that insurance is an essential fact for ocean leisure activities. 81.1% for leisure boots and 70.3% for non-leisure boots respectively answered that private insurance or fraternal insurance need to be imposed as a compulsory condition in case of accidents during ocean leisure activities.

A Study on the Some Considerations of Coverage of Losses caused by Radioactive Contamination in the Marine Insurance (해상보험에 있어서 방사능오염손해에 대한 보상 문제)

  • Hong, Sung-Hwa
    • Journal of Navigation and Port Research
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    • v.35 no.5
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    • pp.455-462
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    • 2011
  • The accident in the Fukushima nuclear plant caused by the Great East Japan Earthquake on March 11, 2011 is raising voices concerning over radioactive contamination losses. In particular, radioactive contamination losses threaten the safe navigation of vessels, and may impair seafarers' safety and impede the healthy growth of world economy through marine transportation. In case vessels or cargos suffer radioactive contamination losses, it will take a high cost to remove the radioactive contaminants, and in worse cases the contaminated vessels or cargos may have to be abandoned. Furthermore, if seamen are exposed to radioactivity, their treatment can be raised as a crucial issue. Nevertheless, it has not been reviewed clearly by what method and on what ground such losses should be covered in case radioactive contamination losses take place. Thus, this study purposed to review coverage for radioactive contamination losses in marine insurance as an ex post preparation for damages caused by radioactive contamination.

Integrated Ship Cybersecurity Management as a Part of Maritime Safety and Security System

  • Melnyk, Oleksiy;Onyshchenko, Svitlana;Pavlova, Nataliia;Kravchenko, Oleksandra;Borovyk, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.3
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    • pp.135-140
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    • 2022
  • Scientific and technological progress is also fundamental to the evolving merchant shipping industry, both in terms of the size and speed of modern ships and in the level of their technical capabilities. While the freight performance of ships is growing, the number of crew on board is steadily decreasing, as more work processes are being automated through the implementation of information technologies, including ship management systems. Although there have been repeated appeals from international maritime organizations to focus on building effective maritime security defenses against cyber attacks, the problems have remained unresolved. Owners of shipping companies do not disclose information about cyberattack attempts or incidents against them due to fear of commercial losses or consequences, such as loss of image, customer and insurance claims, and investigations by independent international organizations and government agencies. Issues of cybersecurity of control systems in the world today have gained importance, due to the fact that existing threats concern not only the security of technical means and devices, but also issues of environmental safety and safety of life at sea. The article examines the implementation of cyber risk management in the shipping industry, providing recommendations for the safe ship operation and its systems in order to improve vulnerability to external threats related to cyberattacks, and to ensure the safety and security of such a technical object as a seagoing ship.

A Study on Reform for Subordinate Laws of the Marine Leisure Safety Act (수상레저안전법 하위법령 개정방안)

  • Lee, Yun-Cheol;Yeo, Sook-Kyung
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.106-107
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    • 2005
  • Small vessels of less then 20 tonnage and leisure boats such as motor boats, sailing yachts, water motorcycle, etc have been excluded from the rules and regulations such as Marine Leisure Safety Act, Ship Act and Ship Safety Act for a long time in Korea. As a result, these small vessels and leisure boats have remained within the blind area of maritime safety and environment protection. Among these vessels and boats, some leisure boats such as motor boats of 20 horse power or more(excluding motor boats equipped with engine inside the vehicles), water motorcycles and rubber boats of 30 horse power or more are incorporated into the Marine Leisure Safety Act through the registry, safety inspection, insurance early 2005 in Korea. In relation to the scope of application of the national Acts concerned, I consider the conflicts between Acts and suggest the subordinate enforcement ordinance and regulations.

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Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea - (국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교)

  • Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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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.

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A Study on Logistics Cost Analysis for Autonomous Cargo Truck (무인화물차의 물류비용 분석에 관한 연구)

  • Kim, Hwan-Seong;Park, Jin-Soon;Jo, Min-Ji
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2016.05a
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    • pp.207-208
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    • 2016
  • By according to increase the research for autonomous vehicle in automobile industries, the efficient of autonomous cargo truck instead of conventional driver cargo truck will be analyzed in logistics areas. The inland transportation has been serious problem such as traffic accident, traffic congestion in downtown, air pollution, noise and etc. even if it have a great effect to logistics industries. Especially there have to be improved its transportation schedule and sleepy driving in night which induced heavy accident in highway. In this study, the effectiveness of autonomous cargo truck will be analysed by considering the logistics cost including social effects.

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Sea Lines of Communication Security and Piracy (해상교통로(SLOC) 안보와 해적: 소말리아 해적퇴치작전 경험을 중심으로)

  • Kim, Meoung-Sung
    • Strategy21
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    • s.36
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    • pp.150-179
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    • 2015
  • This thesis analyzes Somali piracy as a non-traditional threat to the Sea Lines of Communication (SLOC) and international countermeasures to the piracy. In an era of globally interdependent economies, the protection of sea lines and freedom of navigation are prerequisites for the development of states. Since the post-Cold War began in the early 1990s, ocean piracy has emerged as a significant threat to international trade. For instance, in the Malacca Strait which carries 30 percent of the world's trade volume, losses from failed shipping, insurance, plus other subsequent damages were enormous. Until the mid-2000s, navies and coast guards from Malaysia, Indonesia, Singapore, together with the International Maritime Organization (IMO), conducted anti-piracy operations in the Strait of Malacca. The combined efforts of these three maritime states, through information sharing and with reinforced assets including warships and patrol aircrafts, have successfully made a dent to lower incidents of piracy. Likewise, the United Nations' authorization of multinational forces to operate in Somali waters has pushed interdiction efforts including patrol and escort flotilla support. This along with self-reinforced security measures has successfully helped lower piracy from 75 incidents in 2012 to 15 in 2013. As illustrated, Somali piracy is a direct security threat to the international community and the SLOC which calls for global peacekeeping as a countermeasure. Reconstructing the economy and society to support public safety and stability should be the priority solution. Emphasis should be placed on restoring public peace and jurisdiction for control of piracy as a primary countermeasure.

Analysis on the actual condition of consciousness for related regulations with revised Water Leisure Safety Regulation (수상레저안전법의 개정에 따른 관련규제에 관한 의식실태분석)

  • Kim Jun-Hoon;Gug Seung-Gi
    • Journal of Navigation and Port Research
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    • v.29 no.10 s.106
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    • pp.891-896
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    • 2005
  • Changes such as expanding nationwide road networks, 5-day work system and income increases triggered high interest in water leisure and an increase in water sports population. And safety regulations have been under discussion as a possible way to prevent the water leisure related accidents. Water Leisure Safety Regulation was enacted in 1999 and fully revised in 2005. Therefore, it is necessary to examine the current state cf water leisure activities and how the water leisure safety regulations are perceived. For this purpose, a survey of water leisure people was conducted on the revised safety regulation and relevance and correlation between variables were examined using Frequency analysis and Crosstabs. The results showed that more than $60\%$ of the people surveyed acknowledge the necessity of registration, safety instruction, insurance, and safety inspection. It was also found that the people who are highly dissatisfied with the safety of water leisure apparatus and acknowledge the necessity of insurance showed strong opinion of the necessity of legal controls on water leisure activities.

Analysis on the actual condition of consciousness for related regulations with revised Water Leisure Safety Regulation (수상레저안전법의 개정에 따른 관련규제에 관한 의식실태분석)

  • Kim Jun-Hoon;Gug Seung-Gi
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2005.10a
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    • pp.189-194
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    • 2005
  • The interest of people is rising on water leisure and the population of water sports is increasing with expanded nationwide roads and 5-day work system for income elevation. However, there are many discussions about the way to prevent the accident related to water leisure activities. Water Leisure Safety Regulation was enacted in 1999 as a part of the way and revised in 2005. Therefore it needs to grasp the present state of water leisure activities and analyze the actual condition of consciousness. For the analysis. the question survey was conducted on water leisurers in the focus with regulation of the revised so that the degree of relevance and correlation between mutual variables were analyzed by Frequency and Crosstabs. From this study we found that more than $60\%$ of water leisurers thought registration, safety instruction, insurance, and safety inspection necessary and there was a characteristic common inclination to all for necessity to impose legal controls on water leisure activities as the level of dissatisfaction for water leisure apparatus and cognition for necessity of insurance was high.

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