• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1761-1771
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• 2016

In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

• Journal of the Korean Institute of Navigation
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• v.19 no.4
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• pp.9-40
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• 1995

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.48-48
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• 2017

• 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.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.153-157
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• 2006

The General Conference of International Labour Organization adopted the Maritime Labour Convention on 23 February 2006 in Geneva, Swiss and it is. composed of four structures of Preamble and Articles, Regulations, Code A and Code B. According, in the preparation of future enforcement, amendments to the Seamen Act, etc. and relevant regulations are needed and regarding issue of the Maritime Labour Certificate and preparation of The Declaration of Labour Compliance, relevant law and regulation for Recognized Organization and training for related persons, etc. should be established.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.3
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• pp.245-255
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• 2011

Korea ship management industry originated from overseas seamen employment business since 1963 in the Republic of Korea. Recently, new trend of shipping business has developed in a separate way with ship's ownership and management, that is, cargo business which is in charge of shipowner and practical affairs for ship operation which is in charge of specialized ship management company. Ship Management Industry is being focused as a new development engine with the anticipation of continuous development over 10% a year leading a competitiveness and saving cost in the world market. Therefore, "Draft Ship Management Industry Development Act" was suggested by the shipping business group and academic scholars as a result of continuous research for a long time. This was also submitted to the national assembly for adoption as a national law. The purpose of this paper is to make a contribution to the development of Korea ship management industry through the consideration of each article of this draft Act implications and suggestion of legal and institutional improvements. The result of this study will ultimately contribute to the growth of the Korean ship management industry and enhance their business scope internationally. For the above mentioned purpose, I focus on nurturing and supporting Korea ship management industry, and accreditation of superior ship management industry, etc. within the scope of the submitted draft act.

• The Journal of Fisheries Business Administration
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• v.30 no.2
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• pp.1-23
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• 1999

In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.