• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.59 no.4
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• pp.279-289
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• 2023

The United States enforces the seafood import regulations so-called the Marine Mammal Protection Act (MMPA), and by 2023, all exports of aquatic products and processed fish products by fisheries which have not obtained an "Comparability Finding" from the National Oceanic and Atmospheric Administration will be completely banned. Therefore, to respond to the US MMPA, it is critical to identify technologies and methods used in worldwide for reducing bycatch of marine mammals. In particular, marine mammals are frequently caught in five fisheries (trawl, gill net, trap, stow net and set net) in Korea, which is facing a great challenge. This study presented bycatch reduction methods by five fisheries, classified the methods by country, and suggested appropriate reduction methods which can be applied in Korea.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.162-183
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• 1998

The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.85-90
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• 2006

The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation of current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and processes its improvement scheme to secure the safe operation of vessels.

• Journal of Fisheries and Marine Sciences Education
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• v.29 no.3
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• pp.857-868
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• 2017

The basic safety training for fisheries is being conducted to cope with an emergency situation and prevent the maritime accidents. A new joined person must be educated the safety training and a refresher must be completed the refresher training course every 5 year in according to the STCW-F and seafarers' Act. In order to achieve the objectives of marine safety training, it is necessary to distinguish the trainees by ship's type and the courses should be implemented in consideration of safety equipment of fishing vessels. However, since the classification criteria of seafarers' Act are unclear, the officer of fishing vessels which is over G/T 25 tons has been trained through the same course and curriculum for merchant ship's seafarers. About 80 % of domestically registered fishing vessels are small size ships(less than 100 tons) and there is not many safety equipment required by law. In case of marine accidents such as collision, the small vessel losses its buoyancy and stability caused by damage of hull. despite fisheries fall into the sea during fishing work in bad weather on the deck, there was no safety equipment by law. So fisheries must be trained by a safety training course suitable for fishing vessel. The purpose of this study is to develope the suitable course for fisheries by analysis current curriculum and rules. so suggested the basic safety training course for fisheries and institutional improvement.

• The Journal of Fisheries Business Administration
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• v.37 no.3 s.72
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• pp.85-108
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• 2006

The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.34 no.1
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• pp.26-34
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• 2024

Objectives: The successful implementation of the Port Safety Special Act is a very important matter. Now that one year has passed since its introduction, this study aims to review the achievements so far and identify future tasks. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. In addition, an in-depth interview was conducted with a business owner. Results: The achievements over the past year are as follows. As business operators took greater responsibility for safety management, blind spots in safety were resolved to an extent. Specialized training for the port unloading industry was provided, and a safety management system was established for unloading docks. In addition, the Ministry of Oceans and Fisheries was able to intervene in the prevention of safety accidents at ports through the deployment of port safety inspectors. In 2022, the port industry accident frequency and death rate declined compared to the previous year. Conclusions: The "Port Safety Special Act" has become relatively well established in the port industry over the past year. However, since the Serious Disaster Punishment Act was implemented in January of the same year, there is a limit on determining what is necessarily the effect of the Special Act. Future tasks include unifying contracts centered on cargo handling companies, supporting safety management costs, increasing the number of port safety inspectors, producing reliable port disaster statistics, and cooperating between the Ministry of Oceans and Fisheries and the Ministry of Employment and Labor.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2003.05a
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• pp.37-37
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• 2003

The Magnuson-Stevens Fishery Conservation and Management Act of 1976 mandated the use of a new and radical management approach for fisheries in the United States. Seven fishery management councils were created, one being the North Pacific Fishery Management Council (NPFMC). Each of these Councils was given the responsibility for ensuring the conservation of fishery resources under their jurisdictation. (omitted)

• Journal of the Korean Society of Marine Environment & Safety
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• v.30 no.3
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• pp.275-282
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• 2024

To ensure a systematic and integrated approach to defense safety management, individual safety management regulations have been consolidated into the National Defense Safety Directive. However, despite being enacted after the enforcement of the Severe Accident Punishment Act, the National Defense Safety Directive does not incorporate the contents of the Serious Accident Punishment Act. This omission is likely to cause confusion in safety management. In this paper, a PDCA analysis of the Severe Accident Punishment Act and the National Defense Safety Directive was conducted to identify area for improvement and supplementation in the Directive. Chapter 3 proposes amendments to clearly define the scope and responsibilities of safety management, implement serious accident prevention measures and inspections, and establish the penalties for those involved. These amendments aim to ensure faithful compliance with the Severe Accident Punishment Act. Chapter 4 emphasizes the implementation and inspection of risk assessments to enhance the effectiveness of safety accident prevention and preparation, thereby ensuring the completeness of the PDCA cycle.

• The Journal of Fisheries Business Administration
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• v.50 no.2
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• pp.23-40
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• 2019

The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.1
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• pp.23-30
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• 1993

The Korea Seaman's Act is providing that fishermen s salaries are exceptionally defined and working hours and paid leave are not defined at all. Significant problems of Fishermen's Labor Condition are, (1) It is hard to guarantee the basic right of fishermen as their wages are variable depending on the catch. (2) Excessive working hours would hamper the labor reproduction ability and increase the frequency of disaster. (3) Moreover, fishermen have to search for a new job following the lay off after working aboard during the period defined by contract. The possible implement of Seamen's Act are : (1) The wage system must be unified by regular wages. If it is hard to perish the lay system its relative importance should be diminished whereas the fixed minimum wages and the allowance depending on the position and working days should be paid. (2) This discrimination of the fishing vessels from merchant should be eliminated by removing the item on the Act which excludes the fishermen on the working hours. If it is hard to do so practically the lower regulations defining the maximum periods of duty and minimum periods of rest for fishermen must enact separately as in Japan and England. (3) The difference in the provisions of paid leave between the merchant seamen and fishermen must be abolished (4) It is the most desirable to improve the fishermen's labor conditions through the completion of the Act. However, before doing this, the employers and employees must try to solve the problems through the collective agreement by themselves.