• Journal of Legislation Research
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• no.53
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• pp.491-524
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• 2017

Under the general maritime law, a life salvor has no claim against the person saved, and a pure life salvor has no right to compensation from the owner of the ship or its cargo. This harsh rule, which treats the salvor of life less generously than the salvor of property, has been modified by international conventions, statutes, so that life salvors may expect a reward in most cases. It is, especially, unreasonable that a prerequisite of a salvage award is that at least some of the property must be saved, because life of a person can not be compared to values of goods such as vessels and cargoes. Also it is not understandable that only pure life salvors can not expect a reward for the saving of life from the owners of the property. In the meantime, according to Article 39 of the Korean Maritime Search and Rescue Act (hereunder, KMSARA), any person who has gave assistance and rescued in accordance with a governmental officer's order may get a compensation for their time and labour. The above mentioned compensation which is stemmed from the KMSARA may play a role as a compliment for the lack of enough compensation to a life salvor. This means that even though a life salvor failed to save property, he may expect a minimum compensation from the KMSARA. However, it should be recognized that when a life salvor is entitled to both remuneration for the salvage of life and recourse of expenditures from the KMSARA, the total remuneration shall be paid only if and to the extent that such remuneration is greater than any reward recoverable by the salvor under the Korean Commercial Code and the KMSARA.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2014.06a
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• pp.332-334
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• 2014

현재 구난 구조(SAR)를 해상교통관제센터의 입장에서 돌아보고 현행 문제점을 파악하여 앞으로 관제센터의 역할에 대해 검토하였다. 수난구호법 등 법률 및 제도상의 문제점과 함께 실무 현장에서의 문제점을 중점적으로 도출하여 분석하였다. 현재 VTS에서 수행하고 있는 역할의 변화를 통하여 단순하지만 실제 상황에서 신속한 상황전파와 정보공유를 통하여 TIME LOSS를 최대한 줄이는 방안을 제안하였다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.4
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• pp.409-420
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• 2015

In this study, I researched, analysed and compared the examples of civilian maritime search and rescue auxiliaries of world leading countries' such as Japan and America, and the Korean volunteer fire fighting team. Through this, I suggest that the decentralized civilian maritime search and rescue forces of Maritime Rescue and Salvage Association and KCG Civilian Auxiliary should be united into unified search and rescue system and establish legal basis for stabilized support and development. It seem that we should organize laws and regulations for the government to have centralized control of rescue mission as in the cases of America and Canada and elivate rescue mission capability with systemized education and training entrusted to specialized external training organization. I proposed to establish financial support such as fund for the stabilized status of civilian auxiliary, domestic and overseas training session for the civilian auxiliary to inspire integrity and sense of duty as a part of maritime search and rescue forces.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.83-92
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• 2015

This study identifies problems of the administrative legislation (or the delegated legislation) by analyzing articles of laws, orders, and ordinances regarding the sinking of Sewol. According to the result, both of Rescue and Aid at Sea and in the River Act and Marine Transportation Act require to be complemented by additional administration legislations. Therefore bureaucrats enacted defective orders and ordinances, which became an institutional background of the sinking of Sewol. In other words, excessive administrative legislations enabled the Marine Rescue and Savage Association to exert exclusive authorities and caused insufficiencies of supervision over the Association and management for safe navigations. They resulted in corrupt relationships between bureaucrats and businesses and eventually brought citizens' lifes in mortal danger. Consequently, specialty of congressmen should be improved to avoid these excessive administration legislations. At the same time, autonomous control of the administration itself should get enhanced to regulate them. The theoretical implication of this study is that problems of the administrative legislation and necessity of the control by the National Assembly, which have been discussed abstractly and normatively, are clarified empirically, and the practical implication is that the institutional background of the sinking of Sewol is clarified and solutions to improve the institutions are proposed.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2016.05a
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• pp.44-46
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• 2016

최근 우리나라 관할수역에서 대형 유류오염 및 위험유해물질(HNS)유출과 같은 해양사고가 증가하고 있으며, 이로 인한 2차적 피해를 최소화하기 위한 방안으로 조난선박에 대한 피난처 제공의 필요성이 제기되고 있다. 따라서 본고에서는 선박피난처와 관련된 국제적 규범을 분석하고, 이를 토대로 현행 국내 법제도의 개선방안을 제시하고자 한다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.10a
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• pp.323-325
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• 2013

최근 서해지역 영해기점도서인 격렬비열도 인근 해상에 중국어선 불법어업이 증가되고 있으며, 인천 평택 대산항의 입출항 선박의 주요 관문로에 위치하고 있어 국토 최서단에 위치한 격렬비열도등대 기능을 강화하여 통항선박의 안전항행 유도, 불법어선 감시, 영토지킴이, 기상악화 시 어민들의 수난 구호기지 역할 수행 및 해양 기상관측시설물 관리 등 다양한 기능을 수행하도록 기반을 마련하였다.

• The Journal of the Korea Contents Association
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• v.15 no.3
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• pp.101-113
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• 2015

This study aims to prepare countermeasures to prevent and minimize drowning accident in inland waters by examining the current status of inland water safety management in Korea and diagnosing the defects. The defects in current inland water safety management is analyzed in four aspects. First is the legal defect that includes the absence of legislation that directs the inland water safety management. Second is the instructional defect such as the absence of educational program for prevention of inland water accidents and lack of professional water rescue experts. Third is cooperation defect such as dispersed reporting system and lack of private-public partnership in accident response. Fourth is the defect of emergency response ability, professionalism and accident response skills due to the dispersion and overlaps of safety management systems. In order to improve these defects, this study finds the countermeasures based on the survey of water sports professions and users and its analysis as follows: legislation of '(tentatively named) special act for water safety management in inland waters' is suggested in the legal aspects. A development of inland waters safety education program and training of water accident experts are suggested in the instructional aspects. Integrated operational system for water accident management, activation of safety network and re-establishment of private-public partnership are suggested in the cooperation aspects. Systematic and efficient inland water safety management plans such as enhancement of accident response skills and expertise and integrated inland water safety management with fire department-centered system were suggested in the aspects of emergency response ability.

• Journal of the Korean Institute of Navigation
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• v.18 no.4
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• pp.119-136
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• 1994

In Korea, the System of search and rescue in water have came into force on the basis of the Korea Life Saving and Rescue Act. 1961. But It's a premodern administration law which is not fit for an international system of the search and rescue and become disconnected with reality in Korea. Recently the marine casualties occur frequently in Korea coastal area, therefore, we need to amend the 1961 Act. The amendment which is carried out by the Korea Maritime Police Agency is a provision to receive International convention(SAR, 1979). The amendment of this Act will give a epoch-making change to Korean policy of the life-saving and rescue, security to marine safety and contribution to National positon on system of "Search and Rescue". In this thesis, I propose a development scheme to be conductive to original task on "Search and Rescue" of International Convention in Korea Life Saving and Rescue Act(Amendment, 1994).t(Amendment, 1994).

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.4
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• pp.336-344
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• 2012

It is very important to salvage the vessel and seafarer rapidly and efficiently when maritime accident occurred, as maritime accident has a bad effect on vessel, seafarer and shipping industry as well as the whole community itself. Especially, marine salvage in relation to the accident involving huge marine pollution and loss of life will be regarded as a more important process because the accident would result more severe damages. However, domestic marine salvage forces are weaker than other country's, and private marine salvage company has poor technical and commercial base even though the Korea Coast Guard and Navy have relatively more modernized equipments and squad. Thus, it is very important to promote marine salvage operation capacity because it is related with the national security as well as the national economy. In this regard, this study examines the promoting method of marine salvage including its public and private section from the perspectives of law and systemic revision.