• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.14 no.4
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• pp.71-76
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• 2014

In this paper, we propose a SMMA(Sliced-Multi Modulus Algorithm) adaptive blind equalization algorithm with Flag for high order QAM system. SMMA has improved characteristics by applying the multi contour to MMA. However, SMMA still has a limit that the mismatch problem causes the residual error in the steady state is large. In order to significantly reduce the residual error in the steady state, we propose SMMA, which is controlled by the binary Flag of '1 'or '0' obtained from SMMA and a decision-directed algorithm, and analyze the performance of the proposed algorithm. By computer simulation, it is confirmed that the proposed algorithm has improved performance highly in terms of a residual ISI and a residual error in the steady state compared with MMA and SMMA.

• 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).

• Journal of the Korean Institute of Navigation
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• v.18 no.1
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• pp.63-84
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• 1994

Bareboat Charter Register or Dual Registration under a Demise Charter scheme, does not in fact sanc-tion the alternative use of flags of different states, but rather it authorises the use of the flag of the coun-try where the ship is temporarily flagged only. Bareboat Charter Register is not intended to miselead third party states or persons dealing with the ship in respect of its nationality. Bareboat Charter Register gives a shipwner a more flexible and attractive package, for example mortga-ging facilities might be more attractive in one state because of its stronger laws relating to recovery of liens, whereas the manning requirements might be attractive in another state. By using Bareboat Charter Register, a shipwner/manager can avail himself of both advantage instead of settling for a compro-mise. Ships on a Bareboat charter Register would be subject to the safety, manning and anti-pollution require-ments of the second flag state and would carry that state's right to fly a flag of the original state be withd-rawn and the effect is to suspend the registration during the period of demise charter except in so far as relates to Title transactions.

• 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.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.141-142
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• 2006

In relation to the determination of the appropriate choice of law in most of the maritime law issues, 'the law of the flag' or 'the law of the ship's nationality' is commonly used to apply to several provisions which is imposed in Korean Private International Law. But the theory of the law of the flag or ship's nationality suffers from serious problems in case of flag of convenience which is a flag flown by a vessel registered in one state, with which the vessel has few or no connections, while in reality the vessel is owned in or operated from another state. In this case, the article 8 of Korean Private International Law which stipulates the Exception of Choice of Law Clause can be applied to this matter, and thus it is essential to consider many factors which can be used in determining the applicable law through the most significant relationship or genuine link theory.

• 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.

• Proceedings of KOSOMES biannual meeting
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• 2018.06a
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• pp.183-183
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• 2018

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1995.04a
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• pp.59-64
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• 1995

The impediment in enhancing the ship safety and combating vessel-source marine pollution depends on the combination of the immediate and mediate factors. The former is mainly caused by human errors and failure in compliance with the international convention standards in operation of compliance with the international convention standards in operation of vessel. The latter by the attitudes and activities of some of the flay states taking little responsibilities with appropriate seriousness in policing their fleets due to the lack of implementing capability of adminstrations. So long as there exists a large size of variation in implementing capability of administration between flag states a globally remarked progress cannot expect to be made in assuring the ship safety and preventing the vessel-source pollution Therefore a new regulatory regime is suggested to be adopted by IMO to maintain high standard flag state adminstrations by recommending standard paradigm to member states so that the development of a implementing culture is encouraged and supported.

• Journal of the Korean Institute of Navigation
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• v.23 no.4
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• pp.43-61
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• 1999

To ensure ship's safety and preserve the marine environment from ship, IMO(International Maritime Organization) has been making much efforts. Nevertheless there are still many possibilities threatening ship's safety and the marine environment. Many vessels navigate at sea in lack of standard required by the International Convention relevant to ship's safety and the protection of marine environment. Even though the administration is responsible for perfect and continuous control for safety of ship, it cannot has jurisdiction over ships hoist its flag reasonably at all times. So the Port State has strengthened the Port State Control(PSC) activity as one step of eliminating sub-standard vessels. In the light of the fact that mentioned above, this study deals with PSC activity in Korea and port of Pusan. Total 582 ships, inspected in port of Pusan from 1st January 1998 to 30th September 1999, were analyzed in various aspect and extracted results as follows : \circled1 The inspection rate in Korea was much lower than the other states taking part in Tokyo MOU, \circled2 For flag state, the ships belong to flag of convenience(FOC) had much more deficiencies than non-convenience flag ships, \circled3 For ship type, 39 number of general dry cargo ship were detained at Pusan with serious deficiencies, \circled4 For deficiency item, the items such as life saving appliances, safety in general, navigation, load lines and fire-fighting appliances were occupied over 71.7% of total number of deficiencies, \circled5 In Asia-Pacific region, Korea was one of flags with detention percentages exceeding 3-year(1996~1998) rolling average detention percentage. Average detention rate of Korean vessels was 6.73% which was over 0.24% of average detention rate(6.49%) in Asia-Pacific region. These results may reflect to improve the performance of PSC inspection for foreign vessels and are useful for preparing PSC inspection for ocean-going ships registered in Korea.