• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.33-35
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• 2006

과거 해양이 무한한 정화능력을 가진 장소로 오판하여 산업사회 이후로 육상의 폐기물을 해양에 투기하였으나, 현재에는 모두 그 그러한 행위가 우리의 해양환경을 위협하는 오염원이라는 것에 대해서 아무도 이의를 제기하지 않는다. 국제적으로 해양투기를 금지하고, 또 필리핀, 일본, 우리나라를 제외하고는 공식적으로 모든 나라가 해양투기를 금지하고 있다. 일본은 2007년부터 전면금지, 필리핀은 개발도상국임을 고려할 때 우리나라의 해양투기는 심각하게 고려해야할 문제인 것이다. 다행히 국가와 국민 모두가 해양투기의 심각성을 알고 이에 대처하기 위하여 제도적, 사회적, 문화적으로 다각도로 노력하고 있는 것은 알고 있지만, 이 문제는 국가가 주도적으로 나서서 해결해 나가야 하는 것인 만큼 지금보다 더 적극적인 자세로 규제하고, 관련한 문제들을 해결하기 위하여 노력해야 한다.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.1576-1581
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• 2009

The purpose of this study is to provide the problems of insurance system of maritime facilities(Gas Plant) in korea. In order to find out the problems of insurance system of construction work, the literature research and case study on the maritime facility construction are adopted as research method. And this study analyzed the construction cases of maritime facilities(Gas Plant) to which the national contract law was applied for the first time. The findings of this study are as follows: In the case analysis of 00 facility construction, the contractor pay additional insurance fees for the construction. And the regulations on insurance registration are not stated clearly relating to the enforcement ordinance of the national contract law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.247-274
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• 2009

The supply chain security programs are designed to prevent terrorist attacks on world transit system, and to help protect the passengers and workers who use these systems on a daily basis. as evidenced by the train bombings in London and Madrid in recent years, the threats to America's transit systems are real. After 9 11 terrors in 2001, security problem is appearing to every nations and international organizations main pending issue than any problem and various countermeasure is prepared. Security is the major issue in international trade, with significant potential costs and economic impact. So, We need to ensure that supply chain security does not become a new non-tariffs barrier. The aim of this study is to examine the international maritime and aviation law on the supply chain security. Also I review the supply chain security in U.S. and other countries.

• Strategy21
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• s.36
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• pp.33-58
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• 2015

In 1996, China, Japan and the ROK all became the party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Since then, the UNCLOS has been a fundamental basis for the resolution and management of maritime disputes amongst them. However, there still remain acrimonious disputes in the region. Resources nationalism and the revival of geopolitics aggravates the disputes particularly on sovereignty over disputed islands, maritime delimitation and the legal nature of military activities in other States' Exclusive Economic Zones. Under the circumstances, why have the demands for the conclusion of a regional agreement been raised in this region? A desirable regional agreement regarding ocean affairs should be compatible with the rights and obligations under the UNCLOS, a universal norm regarding ocean affairs. This paper will propose a desirable regional agreement by adopting an incremental approach.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.141-152
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• 2006

Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.69-95
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• 2005

East Asia has played an important role in the economic and social development in the Asian pacific region and in the global arena. In the region the impact of companies centralizing their logistics activities around a few distribution centers has already led some leading ports such as Singapore, Hong Kong to transform and expand their functions and business activities to provide port users with value added logistics services. Other ports in the region also have an important part to play in the total logistics Chain. In these environments, the maritime activities of Jang BoGo, who was the maritime king of the commercial maritime empire in East Asia in the 9th century, give many implications to the international logistics network strategy that Korea has to take in order to become a power of International Logistics. Though the trading and economic environments at that time may be quite different from today, the super-national maritime management pattern that Jang Bo-go, founder of the Northeast Asian maritime trading kingdom devised, gives us many implications in the global trading and economic environments, in the respects of overseas direct investment and international logistics. Accordingly, the paper aims to examine the establishment of hub port in Northeast Asia, modelled after the maritime network management strategy of Jang BoGo.

• Strategy21
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• s.46
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• pp.57-88
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• 2020

Surrounded by powerful states, Korean maritime and airspace jurisdiction is constantly exposed to intrusions by its neighbors. Korean government has been, however, exercising significant degree of moderation in response to the occasions. This is where my research starts off: why does Korean government implement only mild measures, which sometimes seem to be insufficient, to infringements on maritime and airspace jurisdiction? I found the answer from the principles and rules of international law: to promote peace and prosperity of the international community, it placed limitations on state rights and prohibited use of force. This point will be elaborated in the paper by examining the contents of restriction and the history of the relevant principles. In the second part of the paper, I explore what strategy could be employed by a state to protect its jurisdiction under present international legal regime. Interestingly, international law, which restricts state jurisdiction, at the same time provides opportunities for lesser powers to protect their state jurisdiction. In the meantime, diplomatic efforts are required. I offer examples of Norway and Philippines, who successfully upheld their arguments against powerful states via international legal regime.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.2
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• pp.256-265
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• 2021

Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.65-97
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• 2014

Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.