• 해양환경안전학회지
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• 제21권1호
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• pp.57-63
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• 2015

외국인 선원은 1990년대 선원 수급이 어려웠던 어선에 산업연수생으로 승선하기 시작하여 2013년말 현재 상선 및 어선에 총 21,327명이 승선하고 있다. 특히 원양어선 및 연근해어선의 경우에는 최근 5년간 어선 척수가 감소하고 있음에도 불구하고 외국인 선원의 수는 거의 2배 증가하였다. 최근 어선 해양사고를 살펴보면, 어선에 다국적의 선원이 승선한 후 선원 상호간의 의사소통이 어려워진 것이 주요 문제가 되었다. 그리고 외국인 선원이 이해할 수 있는 안전수칙 등이 제공되지 아니하고 교육 훈련이 제대로 이루어지지 않고 있다. 그 결과 어선은 조업 중 해양사고의 발생 위험이 높아졌고, 비상상황에서 선장의 통제 하에 적절한 비상대응이 이루어지지 않았다. 또한 한국인 선원의 외국인 선원에 대한 폭언 및 구타로 인한 몇 건의 노동문제가 발생했다. 따라서 본 논문은 먼저 외국인 선원이 승선한 어선에서 발생한 해양사고 사례와 어선원의 고용 및 교육문제에 대해 살펴보고, 해양사고 예방을 위하여 외국인 선원에 대한 안전수칙교육과 정기적인 비상대비 교육 훈련의 필요성을 제시하고자 한다.

• 해양환경안전학회지
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• 제21권4호
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• pp.421-427
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• 2015

본 연구에서는 소형어선 및 예인선단의 해양사고 사례를 통해 선박의 규정된 등화 및 형상물로 오인할 수 있거나 그들의 특성 식별을 방해하는 등화 및 형상물 또는 적절한 경계(警戒)를 방해하는 등화 및 형상물의 문제점을 살펴보았다. 그리고 다음과 같이 선박의 등화 및 형상물에 관한 규칙을 규정하고 있는 국내법의 개정 필요성을 제시하고자 한다. 먼저 "총톤수 10톤 미만 소형어선의 구조 및 설비기준"은 소형어선이 "국제해상충돌예방규칙" 제26조 및 "해사안전법" 제84조에서 규정하고 있는 "어로에 종사하고 있는 선박"이 표시하여야 하는 등화 및 형상물을 비치하도록 개정하여야 한다. 둘째 소형어선의 항해등 및 레이더반사기에 관한 면제 규칙을 규정하고 있는 "어선설비기준"은 "해사안전법" 제20조의 규정을 충족하도록 개정하여야 한다. 셋째 "해사안전법" 제2조에서 규정하고 있는 "예인선열"의 정의는 "국제해상충돌예방규칙" 제24조의 규정을 충족하도록 개정하여야 한다. 또한 모든 항해사에게 해양사고 예방을 위하여 적절한 등화 및 형상물 표시의 중요성을 강조하고자 한다.

• 수산해양기술연구
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• 제59권2호
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• pp.172-180
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• 2023

Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

• Fisheries and Aquatic Sciences
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• 제26권10호
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• pp.617-627
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• 2023

Harvest control rules have been recently developed for some fisheries in Indonesia, including grouper fisheries, and are expected to reverse the trend of declining stocks. One of the proposed options of the harvest control rules is to implement the catch size limit. The catch size limit approach, however, is challenging, unless it is supported also with strong fisheries surveillance, law enforcement, and innovation. The catch size limit approach can be done by implementing changes in fishing methods and gear, including the application of different hook sizes in the hook and line fishing gear. This study examines the impact of different hook sizes on the length at first capture (Lc) and on the bell-shaped maximum selectivity using various selectivity models of the two targeted grouper species (Plectropomus leopardus and Plectropomus maculatus) in the Saleh bay, West Nusa Tenggara, Indonesia. We found that increasing hook size influences the grouper's catch size, increasing the Lc and the bell-shaped maximum selectivity of both species. Based on our findings, hook size can be used as one of the practical tools for grouper management measures, as part of harvest control rules to improve grouper stock in Indonesia.

• 한국해양공학회지
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• 제33권6호
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• pp.495-503
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• 2019

Approximately 90,000 ships are registered in South Korea, and about 80,000 of these ships are used in domestic shipping. Among these, 84% are small ships, such as a fishing vessels that weigh less than 20 tons and are made mostly of an FRP (Fiber Reinforced Plastics). When this fact is taken into account, the greenhouse gas emissions that are released per ton of a composite vessel are sizeable. In this study, the laminated structures of an FRP fishing vessel, many of which currently are being built in Korea, were analyzed by ISO (International Organization for Standardization) and international design rules, and the structures of the hulls are lightweight with optimum glass fiber mass content as determined by the laminate weight minimization algorithm. As a result, it was confirmed that the laminations of the vessels in accordance with the Korean rule could have 6.4% to approximately 11% more design margin compared to the requirements of ISO and other international rules. And the case study of the application of the laminate weight minimization algorithm showed the possibility of reducing the weight of the hull bottom plating by as much as about 19.32% and by as much as about 18.06% in the overall structure.

• 수산해양교육연구
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• 제16권2호
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• pp.238-256
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• 2004

As the UN Fish Stocks Agreement has come into effect since 2001, the actual enforceable management on fish stocks in high seas has started. The Regioanl Fisheries Organizations (RFOs) have emerged as management bodies with a real responsible right to manage fish stocks. RFOs establish a strong and strict management rules providing a fishing right only to member countries and preventing all fishing activities from fishing vessels of non-member countries. In addition, RFOs have an own allocation way of fishing opportunity in their waters so that they can prevent the depletion of fish stocks. It is investigated that deep-sea fisheries have a negative impact from strengthening of RFOs' management right. As the amount of catch is reduced by the control of fishing vessel's activities, the level of fishing revenue becomes low. Moreover, as fishing costs such as oil, fishing fees, labor cost increase significantly, the condition of fishing business is getting worse as a result. In order to gain a fishing right for deep-sea fishing vessels in RFOs waters, there is no other alternative way but become a member of RFOs which are relevant to our fisheries but not joined.

• 수산경영론집
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• 제46권3호
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• pp.15-29
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• 2015

The illegal, unreported and unregulated fishing can be properly regulated only if fishing activities, transhipment and landing of illegally caught fish, and processing of fish at sea involved in it are integrally managed. To do this, flag States, port States, coastal States, market States and relevant regional fisheries management organizations shall closely cooperate. In addition, fishing boats involved in IUU fishing often ignore requirements of safety of navigation so that they could be exposed to more causes of incidents and could have less chances to be rescued. Then, it seems to be necessary for the regulation on IUU fishing to include a certain consideration of strengthening safety of those ships. International Maritime Organization(IMO) has developed and implemented international rules for the safety of shipping. IMO has cooperated with Food and Agricultural Organization on IUU fishing since 2000 and the third joint meeting is scheduled in November 2015. This paper reviews the recommendations adopted in the previous meetings, and the measures actually taken as a result of the cooperation and, in particular, focus on the additional roles of IMO for the eradication of the IUU fishing.

• 수산해양교육연구
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• 제5권2호
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• pp.138-146
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• 1993

In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

• 수산경영론집
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• 제50권2호
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• pp.1-21
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• 2019

This study is to excavate superior fishing communities by applying the Ostrom (1990)'s principles of sustainable and successful use of common goods. Ostrom(1990)'s principles are (1) clearly defined boundaries (2) congruence between appropriation and provision rules and local conditions, (3) collective choice arrangements (4) monitoring (5) graduated sanctions (6) conflict-resolution mechanism (7) recognition of rights to organize by external government authorities (8) nested enterprises. The survey was carried out under the individual interview method of 15 fishing village members in 32 fishing communities with the government's fishery environment improvement and fishery creation projects. The total effective samples are 477. These data were analyzed. The analysis result shows that 24 fishing villages are selected among the 32 fishing communities in the samples, including Nanji, Sanghwang, Songseok, Sinshido, Jukyo, Jinsan, Changli, Pado, Beopsan, Rahyang, Palbong, Woongdo, Daehwang, Sapsi, Chido, Jinri, Daeri, Songgak, Joongwang, Ojii, Doripo, Doseong, Mongsan 1ri and Songnim as superior fishing villages. The results of this study have limitation that may vary depending on the rigor of the criteria in the process of deriving good fishing communities. Despite this limitation, this study has expanded existing research focused on validating the theoretical applicability of the framework through case analysis of specific fishing communities to objectively and quantitatively to many fishing communities. The results of this study are expected to contribute to the creation of conditions in which fishermen can continue to manage their fishing grounds and stand on their own feet by presenting the framework and principles for developing desirable fishing village models for the continued use of mudflat shells grounds as the common goods.

• 수산해양교육연구
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• 제3권1호
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• pp.35-43
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• 1991

The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.