• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.21-26
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• 2006

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

• Journal of Advanced Marine Engineering and Technology
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• v.40 no.9
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• pp.859-867
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• 2016

Bunker oil is an essential expense, and it is a high cost in ships' operations. Therefore, it forms an important part of the work shipowners do to minimize losses during operations. With bunkering disputes consistently occurring, bunker surveyors could be employed by shipowners through them and bunker survey companies signing a contract for a bunker surveyor service. Bunker surveyors could play the role of independent contractors and issue statements of fact in relation to bunkering. However, it would be impossible for bunker surveyors to immediately resolve a bunkering dispute since their role and the legal status is not clear while bunker surveys are being conducted on ships. Thus, this study sets out to define the legal status and liability of bunker surveyors and to seek an additional role for them when bunkering disputes occur.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.10a
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• pp.167-169
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• 2010

해상교통관제제도는 공무원인 해상교통관제요원에 의해서 통제되는데 실효성을 확보하기 위해서 공권력이 투입되는 과정에서 선박소유자에게 손해를 입혔을 경우 구제수단으로서 국가배상법의 적용여부를 살펴볼 것이다. 해상교통관제의 경우 공무원이 과실이나 부주의로 인한 선박이 충돌 좌초 등의 사고가 발생하였을 때 국가배상법 제2조 공무원의 위법한 직무행위로 인한 손해배상에서 국가배상이 성립하기 위한 요건이 충족되는지 확인한다. 해상교통관제관련 손해배상을 국가배상보다는 전문적인 해사행정법 체계내에 특별법 규정을 둔다면 포괄적이고 추상적인 국가배상법의 요건에 의한 적용보다는 전문적이고 특수한 상황에 적합하여 진일보하는 계기가 될 것이다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.10a
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• pp.43-45
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• 2013

해사안전법 제46조에 따라 선박소유자는 선박과 사업장에 안전관리체제를 수립 시행하도록 하고 있으나, 안전관리 전담인력보유에 대한 부담감, 경영자의 안전관리 관심 부족, 선원의 고령화 등으로 안전관리체제를 형식적으로 이행하는 경우가 많다. 이에 따라, 선박과 사업장에 대한 안전관리 역량이 떨어지고, 해양사고 발생 가능성을 높이고 있다. 따라서 소형 내항선사의 안전관리체제 컨설팅 실시 통해 안전관리체제에 대한 필요성을 인식시키고 안전관리(책임)자 및 해상종사자의 안전관리 역량을 강화할 필요성이 있다. 본 논문에서는 소형 내항선사에 대한 안전관리체제 현황을 분석하여 문제점을 도출하고, 내항선 안전관리체제 컨설팅 서비스 체계를 수립하였다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2019.11a
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• pp.241-242
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• 2019

최근 일련의 대형 해양사고로 인하여 해양안전에 대한 국민적 관심이 지속적으로 높아지면서 선사의 사회적 책임이 강조되는 시기이다. 해양수산 CEO 대상 해양안전리더 교육은 선박소유자 등 선사 경영층의 안전의식 내재화를 통한 업계의 안전문화 정착을 도모하기 위해 실시되고 있으며, 2015년부터 시작하여 현재까지 진행되고 있다. 본 연구에서는 교육 수료자를 대상으로 실시된 만족도 조사를 바탕으로 교육 프로그램 개선 및 진행 방식에 개선 방안을 제시하였다.

• 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.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.237-244
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• 2008

The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.

• The Journal of shipping and logistics
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• v.34 no.4
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• pp.583-613
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• 2018

This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.7
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• pp.875-888
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• 2018

The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.