• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.221-237
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law which has been made and amended according to the conclusions and amendments of various international conventions, especially by MARPOL 73/78, were reviewed and compared with major contents of international conventions, and several alternative measures for legislating new laws or amending existing laws such as Korea Marine Pollution Prevention Law in accordance with new contents and recent amendments of existing and new international conventions were proposed. Annex VI of MARPOL 73/78 has been recently accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are the moving point sources of air pollution at Sea rather than in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations which are the line and/or point sources of air pollution in land. International Convention for Ship's Ballast Water/Sediment Management should be accepted in Korea Marine Pollution Prevention Law or by a new law in order to prevent domes marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water. International Convention for the Control of Harmful Anti-Fouling Systems on the Ships should be accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are navigating in open sea and coastal waters rather than in Korea Noxious Chemicals Management Law. Basel Convention which shall regulate and prohibit inter-nations movements of noxious chemical substances should be accepted in Korea Marine Pollution Prevention Law in order to prevent the movement and transfer of scrap-purpose tanker ships containing bilge water of oil/water mixtures and chemicals remained on board from advanced countries to developing and/or underdeveloped countries and to conserve global marine environment after all.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2003.05a
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• pp.38-38
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• 2003

유엔해양법 협약 (UNCLOS)이 1994년 11월16일자로 발효됨에 따라 국제해양어업은 새로운 질서에 의하여 개편되고 있다. 이에 따라, 해양생물자원의 관리에 있어서는 새로운 제도들이 채택되고 있다. 유엔해양법에서는 배타적경제수역 (EEZ) 설정시 총허용어획량 (TAC)에 의한 어업관리의무를 규정하고 있으며, 책임어업 (Responsible Fisheries)에 관한 Cancun 회의와 유엔환경개발회의 (UNCED)의 Agenda 21, UN Fish Stocks Agreement등은 전통적인 어업자원 이용방식의 변화를 요구하고 있다. (중략)

• 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.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.2 no.1
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• pp.165-168
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• 1998

United nations convention on the law of the sea was actopted by third united nations conference on the law of the sea in 1982. and it came in to force on Novemver 1966. It involves exclusive economic zone, highly migrated species, marine mammals, anadromous stocks and high seas. in this paper, I analyze these issues, especially EEZ and high seas.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.2
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• pp.156-162
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• 2020

Since the early 20th century, there have been reviews and legislations regarding the legal status of the Government ships operated for non-commercial purposes. In particular, as criticized in the absolute theory of immunity in conventional international law, the sovereign immunity theory has become more vital as a restrictive theory for immunity. As per the customary international law and international law of the sea, non-commercial government vessels, including warships, are provided with sovereign immunity on the sea. National universities of Korea have built and operated training ships and survey ships for educational purposes, such as training high-grade mariners and fishing practices. These training ships sail not only on the national maritime jurisdictions but also on the maritime jurisdictions of other States and the high sea. Therefore, clarifying the legal status of national university training ships is one of the important factors in international navigation according to international law. However, it is not easy to answer the question of the legal status of the training ship. Hence, this article analyzes the parameters that define the Government ship operated for non-commercial purposes and examines whether national university training ships are in line with the relevant criterion. Furthermore, the article analyzes the scope of sovereign immunity in conventional international law and international conventions and identifies the scope of sovereign immunity enjoyed by the national university training ships according to international law.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2001.05a
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• pp.47-48
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• 2001

국제해양법 발효 이후로 한반도 주변의 해양에 관련된 정세는 급격한 변화를 가져오게 되었으며, 1998년 한ㆍ일 어업협정이 재 체결되고, 최근 한ㆍ중어업협정도 체결됨에 따라 우리나라 연ㆍ근해어업정보에 대한 효율적인 관리체계가 구축되지 않으면 안될 형편에 처하게 되었다. TAC제도의 실시가 본격화됨에 따라 어선어업과 관련된 정보의 데이터베이스화와 실질적인 관리체계의 확립이 절실히 요구되고 있으며, 이를 위해서는 우선 어선조업정보 자동기록장비를 개발하여 각 조업어선의 정확한 조업위치의 추적과 어획량의 정량적인 파악이 이루어져야 한다. (중략)

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.3
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• pp.227-233
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• 2012

The oceans are the largest body of water geographical unit in the earth. In accordance with the general said of the international law, countries on the international law must have four elements: 1) settled residents; 2) determined territory; 3) a certain degree of government organizations; 4) the sovereignty. The country's basic rights are: 1) the right to independence; 2) the right to equal; 3) the right to jurisdiction; 4) the right to self-protection. UNCLOS as the only one of the "Constitution of the Earth" on the earth, the implementation of its entry into force make about 1/3 of the world's oceans should be assigned to the coastal states, in the use and management of ocean gave the coastal states the center jurisdiction, the coastal states' jurisdiction sphere had been expanded, the power comparison among all countries in the world had new changes. The ocean territory, like the land territory, is the most major material condition of a country. The ocean's strategic status is extremely important, is the important stage of the international political, economic and military struggle, there are many disputes about the rights and interests, resources and the development and utilization on the oceans. To resolve these disputes is bound to depend on a strong comprehensive national strength, including politics, economy, science and technology, as well as the powerful marine force, in which maritime police plays an important role.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.1
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• pp.44-51
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• 2023

The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.