Browse > Article
http://dx.doi.org/10.5394/KINPR.2015.39.4.313

A Study on the Article Applicable Mutatis Mutandis under the Ship Officer's Act  

Jeon, Yeong-Woo (Division of Maritime Transportation Science, Korea Maritime and Ocean University)
Publication Information
Journal of Navigation and Port Research / v.39, no.4, 2015 , pp. 313-318 More about this Journal
Abstract
A question has recently been raised as to whether a foreign officer needs to obtain a Korean endorsement in order to be able to serve on board a Korean flag ship. This is attributable to the fact that differences of viewpoint may arise as to the interpretation on the relation between the mutatis mutandis article 24(1) and the endorsement issuance article 10 bis. This study intends to propose an interpretative solution through conducting in-depth analysis on the article 25(1). The conclusions of this study can be given as follows. First, the jurisdiction over the bareboat charter ships with hire purchase shall be rested with the third country of which the flag the ship is flying, the endorsement to be issued to foreign officers have to be issued by the flag State under the STCW Convention as ameded. Second, the provisons of the ship officers' act shall not be made applicable, commensurate with the intention of legislating the mutatis mutandis article 25, to the BHC/HP in such a way that is in infringement with the jurisdiction of flag State of those foreign ships. Third, the mutatis mutandis article shall be made applicable to only such areas of manning standards not covered under the STCW Convention as amended and shall exclude those provisions pertaining to the issuance of various certificates of which the jurisdiction is rested with flag State under the international instrument. Fourth, the article 10 bis(1) is not a provision requiring foreign officers wishing to serve on a BBC/HP to obtain a Korean endorsement. In summation, the article 10 bis shall be used only in the cases where foreign officers wishing to serve on a Korean flag ship are required to obtain korean endorsement.
Keywords
Bareboat charter with hire and purchase; ship officers' act; endorsement; STCW Convention; mutatis mutandis; manning standards; flag State; jurisdiction;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 Ministry of Ocean and Fisheries(2013), A Study on a Strategic Approach towards Authorization of Ship Inspection Function of Korean Flag Ships to further Recognized Organization, p. 139.
2 Maritime Economic Institute(2008), A Study on the Review of Exemption of BBC/HP from the Ship Safety Act, pp. 7-11.
3 Jin H. H(2012), The Legal Study on the Bareboat CHarter of Hire Purchase Option Vessel, p. 7.
4 Lee Y. C. and Park S. H.(2013), "A Study on the Enhancement of Maritime Education and Training to cope with IMO Member-state Audit Scheme", Journal of Korean Navigation and Port Research, Vol. 37, No. 2, p. 207.
5 Jeon Y. W., et al(2011), The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, Hae-In Publishing Co.
6 Kim Y,, et al(2006), International Private Law, Beob Moon Sa, Seoul, pp. 433-445.
7 Lee J. S.(1988), General Theory of Penalty Law, Park Yeong Sa, Seoul, p. 41
8 Jeong U. S. and Back S. M.(2009), Penalty Law Lecture(2nd Edition), Dae Myeong Publishing Co., Seoul, p. 61.