• 해운
• /
• no.2 s.2
• /
• pp.48-55
• /
• 2004

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.24 no.4
• /
• pp.398-407
• /
• 2018

Standard guidelines for marine accident investigation have been prepared through the enforcement of the Casualty Investigation code as of January 2010. In addition, as the International Maritime Organization (IMO) recommended contracting the state to manage a marine incident system established under this code, Korea also has newly established provisions for a marine incident system in the 'Act on the Investigation of and Inquiry into Marine Accidents' also as of 2010. The Korean Maritime Safety Tribunal (KMST) has made a multilateral effort to prevent marine accidents through the efficient operation of a marine incident system, but this system has not been properly activated. This study examines the operational status and problems of a marine incident system and analyzes the marine incident systems of foreign countries and similar transportation agencies such as railroads and aviation. Options include switching to voluntary reporting of marine incidents, transferring responsibility to a non judicial private organization, expanding incentive systems for a marine incidents, revising regulation and preparing detailed implementation guidelines.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2003.05a
• /
• pp.42-50
• /
• 2003

The marine accident investigation of Korea Marine Safety Tribunal does not keep up with the international rule and guideline. Also there is no proper investigation manual. This study analyzed the investigation system and manual of Korea. USA and Japan etc., and proposed the newly investigation system and manual of KMST including the classfication guideline of marine accident investigation and analysis.

• Journal of Navigation and Port Research
• /
• v.37 no.6
• /
• pp.603-609
• /
• 2013

In December 1998, Act on the investigation and inquiry into marine accidents was amended by inserting new Paragraph (2) of Article 4, which states "Where two or more persons are related to the occurrence of a marine accident when the Maritime Safety Tribunal(hereinafter referred to as the "MST") examines the causes of a marine accident as provides for under Paragraph (1), the MST may disclose the extent to which each responsible person is related to the cause of the marine accident". Based on this new Paragraph, the apportionment system of causation ratio in the ship collision was introduced in February 1999. However the apportionment system is adopted 12 years ago, public debate has continued about the positive and negative aspects of the system. Thus some groups advocate the system for the advantages, but other groups argue that this system should be abolished. Therefore, at first, this study analyzes the adopting background and the main reasons of the pros and cons discussion on the apportionment system of causation ratio in the ship collision. Then we conduct a survey analysis to investigate stakeholder's satisfaction of this new system in the ship collision cases. Finally this study suggests the policy proposal to improve the apportionment system of causation ratio in the ship collision.

• Journal of Navigation and Port Research
• /
• v.27 no.4
• /
• pp.367-373
• /
• 2003

The marine accident investigation of Korean Marine Safety Tribunal does not keep up with the international rule and guideline. Also there is no manual for a proper investigation into the marine accident. This study analyzed the investigation system and manual of Korea. USA and Japan etc., and proposed the new investigation system and manual of KMST including the inquiry guideline according to the type of marine accident.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.1
• /
• pp.64-71
• /
• 2022

The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2012.06a
• /
• pp.180-182
• /
• 2012

선박충돌사고 원인의 제공 정도를 밝혀 해양사고를 재발방지를 목적으로 1999년 2월 "선박충돌사고 원인제공비율 산정제도"를 마련하였으며, 2007년 1월 원인제공비율 산정지침을 제정하여 시행해 오고 있다. 이 제도의 또 다른 도입목적은 해양안전심판원의 원인제공비율을 민사재판에서 사법부가 적극 인용함으로써 해양사고관련자들 간의 신속한 분쟁해결과 경제적 부담 감송 등에 기여함에 있다. 그러나 민사소송에 있어 제공된 원인제공비율이 과실비율로 인정되는 등의 이유로 원인제공비율 산정제도가 사법권의 침해하고 있다는 문제점도 지적되고 있다. 따라서 본 연구에서는 원인제공비율 산정제도의 시행 이후 이 제도의 시행자 및 사용자 등 전문가 집단을 대상으로 설문조사를 실시하여 제도의 효과 및 문제점 등을 분석하였다. 전문가 집단 응답자의 대부분이 제도의 필요성 (94.3%), 유용성 (88.6%) 및 신뢰성 (73%)을 피력하고 있는 것으로 나타났다. 그리고 이 제도가 필요한 이유로는 "손해배상분쟁의 신속한 해결", "충돌사고 재발방지", 그리고 "이해당사자의 편의제공" 때문임을 알 수 있었다. 그러나 제도의 개선을 위해서는 원인제공 비율의 표시에 있어 보다 객관적인 기준과 정량성 및 전문성의 확보가 필요하다는 지적도 확인하였다. 따라서 원인제공비율 산정제도의 개선방안으로 원인제공비율산정에 대한 신뢰성 및 공정성의 확보, 심판관에 대한 법률적 지식과 법적 소양강화 및 전문법조인의 심판관으로의 영입 등이 필요하다고 판단된다.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.1
• /
• pp.54-63
• /
• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

• Journal of Navigation and Port Research
• /
• v.46 no.1
• /
• pp.18-25
• /
• 2022

MOF strengthen the law and institutions for safety management after the capsize accident of passenger ship "Sewol" on April 16, 2014. Nevertheless, about 13 cases of marine accidents such as collisions, contact, and stranding have occurred in coastal passenger ships over the past 5 years. Particularly, according to the judgment of KMST, most of the main causes of passenger ship accidents occurred within harbor areas because of the master's improper ship-handling or inattention. And so, this study analyzed four cases of marine accidents on passenger ships that occurred in the port areas and examined the environmental, institutional, material, and human factors that contributed to the master's improper ship-handling and behavior, and the results are as follows. First, as an environmental factor, the size of the turning basin was not enough. Second, as an institutional factor, the VTS control was not properly supported, the master lacked sufficient training for safe ship-handling in the port area and up-to-date charts were not provided. Third, as a material factor, the digital type speed log capable of the ship's speed in real-time was not installed on the ship's wing bridge. Lastly, as a human factor, the master could not take proper bridge resources and the passage plan was not proper. Therefore, it is suggested in this paper that the size of the turning basin should be adjusted to meet the prescribed standards, the master of passenger ships should receive the ship-handling simulation training among other safety training to ensure safe ship-handling of the master in the port area as improvement measures.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.4
• /
• pp.533-541
• /
• 2022

An analysis of marine accidents that occurred in the last five years, revealed that 77.0 % of all grounding accidents and 66.1% of all marine casualties involved small vessels, which was a very high level relatively. The Mokpo Regional Maritime Safety Tribunal (Mokpo-KMST) inquired on 72 cases of marine accidents in 2021, of which 10 cases were grounding accidents. Furthermore, eight cases of grounding accidents occurred in small fishing vessels. This study analyzed eight cases of grounding accidents on small fishing vessels that inquired in the jurisdictional area of Mokpo-KMST in 2021. I found out that this grounding occurred in clear weather with good visibility (2-4 miles) and good sea conditions with a wave height of less than 1 meter. Furthermore, I found that the main causes of grounding were drowsy navigation due to fatigue, neglect of vigilance, neglect of checking ship's position, overconfidence in GPS plotter, and lack of understanding of chart symbols and tidal differences. To reduce grounding accidents of small fishing vessels, I suggested the following measures. First, crew members who have completed the able seafarer training course on bridge watchkeeping should assist to the master. Second, alarm systems to prevent drowsiness should be installed in the bridge. Third, the regulation should be prepared for the performance standards and updating GPS plotter. Finally, the skipper of small vessels should be trained periodically to be familiar with chart symbols and basic terrestrial navigation.