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Application Range of "Temporary Alteration" in the Article 10 of Ship Safety Act (항만건설작업선의 선박안전법 제10조제3항(임시변경) 적용범위에 관한 연구)

Yeong-Tae Son
- Journal of the Korean Society of Marine Environment & Safety
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- v.29 no.2
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- pp.177-187
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- 2023
The Ship Safety Act prescribes matters necessary for the maintenance of seaworthiness and safe navigation of ships. In this regard, Article 10 of this Act requires shipowner to undergo occasional survey if he/she wants to temporarily change intends to modify the details entered in a ship survey certificate. Such measures are in accordance with the maintenance of the state of the ship after the ship inspection under Article 15 of this Act, and this Act includes "harbor construction work ship" under Article 39 Paragraph (1) of the Harbor Act. However, although the harbor construction work ship originally showed the same operating system as the barge, it was not applied to the Ship Safety Act and was registered and surveyed under the Construction Machinery Management Act. Then "Seokjeong No. 36" sinking accident in Ulsan on December 14, 2012, led to the amendment of the Harbor Act in 2016, and considering the fact that it was added to the Ship Safety Act and applied, there is a realistic limit to applying all the regulations stipulated in the Ship Safety Act to the harbor construction work ship. Accordingly, this study discusses the work characteristics through concept, registration, work area, survey regulations, application case of temporary alteration etc. of harbor construction work ships and controversial issues related to the scope of application of the Ship Safety Act of actual harbor construction work ships, and also the appropriate scope of "temporary alteration" among temporary inspections prescribed in Article 10 of the Ship Safety Act in consideration of the legislative purpose of incorporating harbor construction work ships into the survey subject to the Ship Safety Act in accordance with the revision of the Harbor Act.
https://doi.org/10.7837/kosomes.2023.29.2.177 인용 PDF