• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.519-526
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• 2013

In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.254-261
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• 2022

Every vessel shall proceed at a safe speed to avoid collision. Additionally, every vessel shall comply with the speed limit rules in the territorial water and internal waters of Korea. The VTS operator shall properly control the compliance of the vessel with the safe speed and speed limit rules. Safe speed under the COLREG 1972 is not explicitly stipulated in knots. However, under the Domestic law for traffic safety-specific sea areas, etc., the speed limit is specified in knots and complied with. This speed limit rule is mainly based on the 'speed made good over the ground'; however, in some places, it is based on the 'speed making way through the water'. In this paper, I analyzed marine accidents that occurred in the past 5 years and the rate of violation of speed limits. Furthermore, I reviewed safe speed under the COLREG 1972, speed limit rules under domestic and foreign laws, and cases of non-compliance with safe speed in the judgment of the Korea Maritime Safety Tribunal. Resultantly, I suggested in this paper that the speed limit rules in the domestic law must be observed by vessels to prevent marine accidents, and the rules which are stipulated in terms of 'speed making way through the water' must be revised as 'speed made good over the ground' such that the vessels can easily comply with them and the VTS operator can control the vessel properly.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.10-18
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• 2022

With the increase in world trade through ships, the destruction of the marine ecosystem and socioeconomic damage due to invasive alien species (IAS) are continuously increasing. In particular, marine organisms attached on the hull surface and niche area increase the friction resistance of ships as well as the invasion of non-indigenous species, and causes a decrease in operational efficiency and an increase in GHG (Green House Gas) emissions. The International Maritime Organization (IMO) has recently begun revising guidelines for the control and management of ship's biofouling, and New Zealand and California in the United States are already regulating biofouling management under their own laws. This study investigated the management status of the submerged surface of ships and marine organisms attachments on five international ships entering South Korea, and analyzed species group and coverage (%) of biofouling communities to evaluate the LoF (Level of Fouling) rank. Macroflouling was observed on all ships surveyed, and specially, the adhesion of macro organisms in niche areas such as bow thruster, bilge keels and sea-chest gratings appeared to be at a serious level. This study proposed the management direction our country should take with regard to ship's biofouling and the improvement measures for evaluation of LoF rank and inspection methods of hull and niche ares.

• Journal of Navigation and Port Research
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• v.27 no.4
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• pp.367-373
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• 2003

The marine accident investigation of Korean Marine Safety Tribunal does not keep up with the international rule and guideline. Also there is no manual for a proper investigation into the marine accident. This study analyzed the investigation system and manual of Korea. USA and Japan etc., and proposed the new investigation system and manual of KMST including the inquiry guideline according to the type of marine accident.

• Maritime Security
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• v.8 no.1
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• pp.41-71
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• 2024

In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.12 no.8
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• pp.1339-1348
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• 2008

According to diffusion and wide utilization of Radio telecommunication, demands of radio frequency source are increasing. Thus, we have o continuously study on regulations which should be managed efficiently and usefully for father technical developing. In this paper dispute bout developing radio frequency police depends on changes of conditions and sing radio frequency source depend on a variation of environment and an advance of technique and then we consider a international agreement and an amendment of international regulations for an alternative proposal so that we suggest foundations of national radio regulations for revisions and decisions connect with radio frequency control policies and rules.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.19 no.4
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• pp.223-231
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• 2014

In order to prevent the spread of non-indigenous aquatic species through the ballast water in commercial ships, International Maritime Organization (IMO) adopted in 2004 the International Convention for Control and Management of Ship's Ballast Water and Sediments. The Convention mandates treatment of ballast water for most transoceanic voyages and its confirmation of treatment is made with plankton live/dead assay. Fluorescein diacetate assay (FDA), which produces bright green light for live phytoplankton, has been a de facto standard method to determine the survival of marine plankton, but its staining efficacy has been in dispute. In the present study, we examined the limitation of FDA, and compared its efficacy with Neutral red (NR) staining, another promising assay and widely used especially for zooplankton mortality. For all phytoplankton species studied in the present study, except Ditylum brightwellii, the staining efficiency was <50% with FDA. The green FDA fluorescence interfered with phytoplankton autofluorescence in most samples. In contrast, NR assay stained over 90% of both phytoplankton and zooplankton species tested in this study. FDA assay also showed that green FDA fluorescence rapidly faded when phytoplankton cells were exposed to microscope light. Both FDA and NR assay were negative on formalin-killed individuals of both phytoplankton and zooplankton species. Our results suggest that NR assay is more effective for determining the survival of marine plankton and can be applied to test the efficacy of ballast water treatment.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.25 no.4
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• pp.81-96
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• 2020

Berthlot's reaction spectrophotometric method is generally used for the analysis of dissolved ammonium in seawater, but in recent years, a fluorescence method using an orthophthaldialdehyde-sulfite (OPA) fluorescent reagent is actively used internationally. In this study, we investigated the effects of the detection limit between the analysis methods, the reagent refractive index inherent in the spectrophotometric method, and the use of different calibration curves to understand the cause of the difference in dissolved ammonium concentration (about 0.31 𝜇M) observed in the seawater samples and a nutrient reference material between two institutions (KIOST (spectrophotometric method, one-order linear regression gradient only), Australia CSIRO (fluorescence method, quadratic formula)) conducted onboard the Australian R/V Investigator in 2017. The method detection limit (0.063 𝜇M) and the reagent refractive index background value (0.054 𝜇M) of the spectrophotometric method measured in this study could explain the difference in dissolved ammonium concentration values of the two institutes about 20% and 17%, respectively. However, when the concentration of the calibration curve of the spectrophotometric method was calculated using the same quadratic as the fluorescence method or the slope and intercept of linear regression, the difference in the dissolved ammonium concentration between the two institutions was reduced to less than the detection limit of the spectrophotometric method. Therefore, the difference in the concentration of dissolved ammonium between the two institutions, found in the nutrient reference materials and the seawater field sample during the international onboard nutrient inter-comparison experiment, may be attributed to be the effect of the different calibration curves used in the two methods rather than the effect of the difference in two analytical methods. When comparing the dissolved ammonium data from seawater samples in the future, it is recommended to pay attention to the information on the baseline, number of standard solutions, and calibration curve used in the analysis.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.