• Title/Summary/Keyword: 국제환경협약

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사이버범죄방지협약의 국내법적 수용문제

  • 박영우
    • Review of KIISC
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    • v.13 no.5
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    • pp.70-75
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    • 2003
  • 인터넷 이용의 급증과 더불어 컴퓨터바이러스, 해킹 및 프라이버시 침해 등 각종 사이버범죄도 또한 날이 갈수록 크게 증가하고 있다. 또한 인터넷과 같이 글로벌한 네트워크 환경에서 발생하는 범죄는 많은 경우 필연적으로 '국제적' 성격을 띠며, 따라서 개별국가의 노력만으로는 범죄를 충분히 방지하기 어렵다. 따라서 다수 국가가 사이버범죄에 대한 수사와 처벌을 위한 협력의 틀을 마련하기 위해 만든 사이버범죄방지협약(Convention on Cyber-Crime)은 컴퓨터시스템, 네트워크 또는 데이터를 대상으로 하거나 이를 오용한 다양한 형태의 범죄행위의 방지 및 처벌과 관련하여 실체법적 측면과 절차법적 측면에서 그 중요성이 매우 높다. 이 글에서는 이 사이버범죄방지협약에 대해 그 제정과정 및 주요내용을 살펴보고, 다음으로 우리법과 비교$.$분석하였다.

A Comparative Analysis of Major Oil Spill Compensation Systems in France, Spain, and Korea - In the Case of M/T Erika, Prestige, and Hebei Spirit - (프랑스.스페인.한국의 대형유류오염손해배상제도에 관한 비교연구 -에리카호.프레스티지호.허베이스피리트호를 중심으로-)

  • Cho, Dong-Oh;Mok, Jin-Yong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.3
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    • pp.177-181
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    • 2008
  • In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

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A Study on the Maritime Labour Convention, 2006 (2006년 해사노동협약에 관한 연구)

  • Lee, Young-Sun
    • 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.

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Suggestion of Proposal to Enact Domestic Act on the Prevention of Pollution from Ships (선박오염방지에 관한 국내법률 제정안 제시)

  • Kwon, Young-Cheol;Baik, Cheol-Ho;Yoo, Young-Jong;Lee, Chan-Jae
    • Journal of Korea Ship Safrty Technology Authority
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    • s.29
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    • pp.42-59
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    • 2010
  • IMO에서는 MEPC58차, 59차 회기에서 선박평형수, 온실가스, 선박재활용 등 약 20종의 의제가 논의되었으며 이들 중에서 시급성을 요하는 NOx, SOx 강화기준, 유조선간 유류이송, IOPP증서 및 기름기록부의 양식변경 등에 관한 MARPOL 부속서6 및 1의 결의사항에 대하여 국내의 해양환경법에도 국제협약의 개정사항을 수용해야 한다. 또한, 정부에서는 현행의 해양 환경관리법에서 선박오염방지에 관한 법률을 분리제정하려는 동향이 있는 바 정부시책에 동참하는 선상에서 국제협약의 개정사항을 반영한 선박해양오염방지에 관한 법률 제정안을 선박검사 기관의 입장에서 제시한다.

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A Study on link between The Port and Rail Transport for Nature-Friendly -Primarily on the Busan Port- (항만과 철도운송의 친환경적 연계를 위한 연구 -부산항을 중심으로-)

  • Lee, Myeong-Hwa;Kim, Hwan-Seong;Park, Jin-Hui
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2010.04a
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    • pp.165-166
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    • 2010
  • Today, because the international community recognized happing of environmental crisis on the world the international environmental agreements and advanced country's environmental regulations are very tight. Especially, port cities are posed strong threats to the environment due to receiving high pollution from ships and cargo vehicle emissions. So many advanced country (ex. United States, Japan, EU) implement Natural-friendly Port Policy and Program. Environmental-Regulations become more stringent in the future, management of low carbon dioxide emissions brings the competitiveness.(중략)

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A Study on the Reception of International Convention for the Safe and Environmentally Sound Recycling of Ships in Korea Law - Focusing on Coast Guard's Duties - (선박재활용 협약의 국내법상 수용방안 연구 - 해양경찰 업무를 중심으로 -)

  • Choi, Jong-Ho;Jung, Yeoun-Bu;Oh, Jung-Woo;Gug, Seung-Gi
    • Journal of Navigation and Port Research
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    • v.34 no.6
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    • pp.459-470
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    • 2010
  • It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

Analysis on the Legal Impacts of Sea-Level Rise for the Application of the UN Convention on the Law of the Sea (해수면 상승이 유엔해양법협약 적용에 미치는 영향 분석)

  • Yong Hee Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.147-159
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    • 2023
  • Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

A Study on the Effect of 2010 HNS Convention on Korean Industry (위험·유해물질 피해보상 국제협약의 우리 산업계에 대한 영향 고찰)

  • Kim, Ji-Hong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.57-64
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    • 2020
  • The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.