Browse > Article
http://dx.doi.org/10.5394/KINPR.2015.39.1.37

A Study on the Responsibility for a Barge's Safety Management in a Marine Construction  

Jang, Yeong-Jun (Korean Maritime Safety Tribunal, Ministry of Oceans and Fisheries)
Publication Information
Journal of Navigation and Port Research / v.39, no.1, 2015 , pp. 37-43 More about this Journal
Abstract
At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.
Keywords
Marine accident; Marine construction; Barge safety; A bareboat charterparty; Demise Charter with Crew; Charterer; Barge of Marine Construction; Responsibility of Barge Safety Management;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Kang, N. H(1996), Legal Knowledge of Maritime Law, Chungrim Publishing co., Ltd.
2 Kwak, Y. J and Kim, J. H(2003), General Civil Law(Civil Lecture1)(Edition No.9), Pakyiungsa.
3 Kwon, C. Y(2004), "The Range of the ships the seafarers las to be applied.", Bupjo, Vol. 53, No.12, pp. 202-204, Law Association.
4 Kim, I. H.(2011), Maritime Law(Edition No.3), Bubmunsa co. Ltd.
5 Compilation Committee Act, "National contract law, contract enforcement order, SOP(local government contract law command, rule) Construction Technology Act, commands, rules", kspumsem, 2014.
6 Korean Maritime Safety Tribunal, "Attribution and restructured Improvement and Leasehold example, barge line fishing operations offshore accident"(Publication No. 11-1192251-000002-01).
7 Supreme court of Korea 2010. 1. 28. Sentenced 2008다65686,65693 Judgment.
8 Supreme court of Korea 2010. 4. 29. Sentenced 2009다99754 Judgment.
9 Mokpo Regional Maritime Safety Tribunal Restructured No.2012-028, Stranding events of Barge Geowon.
10 Busan High Court 2007.4.4. Sentenced 2006나8641 Judgment.
11 Busan District Court 2008.2.13. Sentenced 2007가합11227(본소),2007가합14806(반소) Judgment.
12 Busan Regional Maritime Safety Tribunal Restructured No.2007-054, Contact events of Tugboat No.1 Saehan with Barge Sambo JB No.1 and Jindo Bridge
13 Korean Maritime Safety Tribunal Restructured No.2008-018, "Contact events of Tugboat Kukje No.1, Kukje No.5 with barge Hyundai Royal No.10001 and No.1 Jindo Bridge".
14 Korean Maritime Safety Tribunal Restructured No2012-009, "Contact accidents with Barge Hyeseung No.155 and Bridge".