• Journal of Navigation and Port Research
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• v.39 no.4
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• pp.313-318
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• 2015

A question has recently been raised as to whether a foreign officer needs to obtain a Korean endorsement in order to be able to serve on board a Korean flag ship. This is attributable to the fact that differences of viewpoint may arise as to the interpretation on the relation between the mutatis mutandis article 24(1) and the endorsement issuance article 10 bis. This study intends to propose an interpretative solution through conducting in-depth analysis on the article 25(1). The conclusions of this study can be given as follows. First, the jurisdiction over the bareboat charter ships with hire purchase shall be rested with the third country of which the flag the ship is flying, the endorsement to be issued to foreign officers have to be issued by the flag State under the STCW Convention as ameded. Second, the provisons of the ship officers' act shall not be made applicable, commensurate with the intention of legislating the mutatis mutandis article 25, to the BHC/HP in such a way that is in infringement with the jurisdiction of flag State of those foreign ships. Third, the mutatis mutandis article shall be made applicable to only such areas of manning standards not covered under the STCW Convention as amended and shall exclude those provisions pertaining to the issuance of various certificates of which the jurisdiction is rested with flag State under the international instrument. Fourth, the article 10 bis(1) is not a provision requiring foreign officers wishing to serve on a BBC/HP to obtain a Korean endorsement. In summation, the article 10 bis shall be used only in the cases where foreign officers wishing to serve on a Korean flag ship are required to obtain korean endorsement.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.2
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• pp.149-156
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements for the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, it should not be used beyond what is reasomable and necessary in the circumstances.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.197-204
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.06a
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• pp.443-444
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• 2013

선박 승하선수단과 관련하여 기구에 의해 개발된 지침의 내용 중 일부 규정의 모호한 표현으로 인하여 규정 해석이 제한적이며 선종별 특수성을 고려하지 못하는 실정으로 선박 설계 변경 등의 문제를 초래하고 있다. 규정 해석에 대해서도 기국별로 해석을 달리하는 경우가 발생하고 있다. 이 연구에서는 지침 개정을 통해 그 의미를 명확히 하고자 한다.

• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2022.11a
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• pp.92-93
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• 2022

현재의 전통적인 선박은 여러가지 목적·의무규정·각 주체의 요구에 따라 여러 가지 검사가 이루어지고 있다. 대표적으로 선급검사·협약검사·기국대행검사·PSC검사·화주검사 등이 있다. 이러한 선박검사는 자율운항선박에서도 여전히 유지 될 것으로 예상할 수 있다. 협약검사의 경우 검사의 기준이 되는 MASS Code가 IMO에 의해 개발 중에 있다. 선박검사의 경우 자율운항선박 또는 자율운항에 필요한 시스템 및 기능에 대한 기술기준 확보를 위하여 선급기준을 마련하고 있다. 이 연구는 IACS선급의 자율운항선박에 대한 정의를 비교·분석하여 기초적인 단계에서의 자율운항선박의 선급검사 방향을 제시하고자 한다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.1
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• pp.47-52
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• 2011

On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

• Journal of Navigation and Port Research
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• v.37 no.2
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• pp.203-210
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• 2013

In spite of adoption of various IMO Conventions over the past, the reason why large vessel accidents related to human life and marine environment occur is that the IMO Conventions are not effectively implemented due to contravention of the conventions by flag states. In particular, the implementation of the conventions are not well being performed because some flag states having weak genuine link between them and vessels haven't set up proper personal and structural organizations in charge of maritime safety and marine environment protection. From this background, IMO Resolution A.946(23) on the voluntary IMO Member-state Audit Scheme was adopted at the 23rd Assembly in Nov. 2003 and the Scheme is expected to be executed compulsorily in 2015 through the adoption of the IMO Resolution A.1018(26) in Nov. 2009. Accordingly, this study examined outline of the IMO Member-state Audit Scheme and the Code for the Implementation of Mandatory IMO Instruments used for the audit standards of this scheme. In addition, this study reviewed the member-states' obligations and responsibilities according to the compulsory implementation of the member-state audit scheme in 2015. Based on this, this study suggested the enhancement measures for maritime education and training of maritime education institutions of the Republic of Korea to cope positively with compulsory implementation of the IMO Member-state Audit Scheme.

• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• Strategy21
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• s.45
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• pp.60-90
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• 2019

The use of the high seas are supported by the two pillars of customary principles --the freedom of navigation and the flag state control on its vessels, which are codified in the UN Convention on the Law of the Sea. There have been attempts to limit and retrain the two pillars as maritime regimes are newly created to address new maritime threats, while coastal stares' control over the seas expand. The pillars have been created over thousands years since human beings took to the sea and have served as a foundation to use the oceans peacefully and orderly. Therefore, any retreat or exception from these principles would undermine the fundamental framework for the use of the oceans and eventually these regimes would be subject to control of maritime powers. In conclusion, new maritime regimes such as the sanction measures on North Korea should be enforced within the framework of international law and comply with the fundamental principles such as innocent passage and the freedom of navigation at the high seas.