• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2006년도 전기학술대회논문집
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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.

• 해양환경안전학회지
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• 제19권2호
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• pp.179-185
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• 2013

UN해양법협약은 해양에서 선박통항의 자유를 인정하되 선박에 대한 관할과 관리는 선적국에 부여하고 있다. 그런데, UN해양법협약 등에서 선박의 국적부여 권한을 각국에 맡겨 선박의 소유국과 선적국의 불일치를 인정함으로써 해양질서 유지에 어려움을 초래하고 있다. 특히, 형사관할에 대하여 기국위주의 배타적 행사를 인정하여 선적국의 관할권 행사가 이루어지지 않거나 피해국 입장이 반영되지 않는 문제점이 노정되고 있다. 본고에서는 이러한 문제의식하에 UN해양법협약을 중심으로 선박과 기국에 관한 국제법적 규정과 이에 따른 문제점들을 해양사고 발생에 따른 형사관할권의 소재를 중심으로 살펴보고 기국주의에 따른 형사관할권이 어떻게 결정되는지 몇 몇 사례에서 살펴본다. 또한 국제 형사실무에서 이루어지는 형사사법 공조체계를 살펴보고 기국관할에 따른 문제점을 보완할 수 있는 몇 가지 대안을 제시해 보고자 한다.

• 한국항해학회지
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• 제23권4호
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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.

• 복식
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• 제59권4호
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• pp.26-40
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• 2009

The custom of the flag sticked in a military cap involves the symbolic mark. That is, it makes the procession of an army clear and makes the convenience of activity possible. This custom was uniquely practiced at several countries. At Il dynasty($1258{\sim}1411$), Timurid dynasty($1369{\sim}1508$), Mughal dynasty($1526{\sim}1858$) was succeeded this custom by based on blood relationship for $13th{\sim}16th$ century on the diachronic viewpoint. And these countries have cultural correlation by regional paradigm, namely Islamic cultural area. Meanwhile, this custom of Ming dynasty and joseon dynasty appeared in $15th{\sim}17th$ century as official system. Expecially, one of joseon dynasty maintained for a short time than other countries because of jangpyo[章標] system which was more efficient than the sticked flag. On the synchronic viewpoint, this custom was the common and necessary status quo for the efficient expansion of territory and military management.

• 대한원격탐사학회지
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• 제34권4호
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• pp.579-590
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• 2018

Shipping of North Korea is not yet publicly well documented. Taedong River, the most important sea route of North Korea, is selected as a model study area to show how effectively a remote place can be investigated through the application of satellite-based Automatic Identification System (S-AIS) for understanding shipping and tracks of vessels which passed the lock gate in the Taedong River and visited the nearby ports on its track. S-AIS data of the year 2014 were analyzed on the basis of various time periods, country of registry and category of ships. A total of 325 vessels were observed. The ships under the flags of North Korea, Cambodia and Sierra Leone were found to be dominant in frequencies which accounted for 43.08%, 16.00%, and 8.92%, respectively. Trajectories of the 325 ships in the Yellow Sea were also checked according to the flags. It is concluded that some ships under the flags of Cambodia, Sierra Leone, Mongolia, Panama and Kiribati are regarded as flags of convenience, and ships without flag and ship type codes also comprised a remarkable portion out of the total ships.

• 무역상무연구
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• 제24권
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• pp.51-72
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• 2004

Over the past fifty years, the share of the World's shipping fleet operating under open registry has grown from 4 % to almost half of the total tonnage. While there has been strong opposition based on the costs of maritime disasters and opposition both from the traditional maritime nations, which have suffered erosion of their fleets, and from labour unions, which point to worker exploitation, the shipping companies have found the greater operational and financial flexibility which accompanies open registry to be a considerable attraction The paper consists of seven sections. Section 1 explains the background and of the study. Section 2 reviews the characteristics and definition of FOC. Section 3 is to identify ship register categories and their competitive conditions. Section 4 tackles the emerging forces of globalisation-the advent of FOC. Section 5 deals with legal maritime framework. Section 6 tackles the current structure and characteristics of FOC vessels. Some concluding comments follow in the last section.

• 해양정책연구
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• 제33권2호
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• pp.205-228
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• 2018

Since many RFMOs have been established, various measures to protect small island developing States have been enacted. WCPFC CMM 2017-01 also enacted various measures for that purpose. However, it is notable that CMM 2017-01 has enacted a measure in a manner to reduce benefits of the small island developing States in relation to the vessel charter scheme, although it has made another exception. This study aims to draw implications in establishing Korea's fisheries policy and making an appropriate strategy of the fisheries industries in Korea, through analyses of the charter issue in the WCPFC CMM 2017-01. This paper examines an issue of the vessel charter scheme in the WCPFC CMM 2017-01 comparing with the flag of convenience issue. It concludes that it is recommended to further restrict the application of the vessel charter scheme in the WCPFC CMM 2017-01 and to repeal it ultimately. Finally, this paper draws implications for the Korean government to participate in the WCPFC in a manner to reflect its positions and to harmonize interests of the fishing States and the small island developing States, considering various joint venture business with such States. It further draws implications for the fisheries industries in Korea to actively participate in the WCPFC to maximize their interests.

• 한국항만학회지
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• 제11권1호
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• pp.129-137
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• 1997

The traditional approaches to determine the flag of convenience and second register of flagging-out in Korea international ship register and investigater and weakness of those approaches are revealed. A realistic approach to determine the paper company of shipping and sub-standard vessel of shipbuilding is suggested by introducing register factors obtained from Norwegian and Denish international ship register experiment for the new register.

• 수산해양교육연구
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• 제28권1호
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• pp.34-46
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• 2016

This study analyzes inspection results of ships by Port State Control. Particularly, this research focuses on a detention trend of vessels that registered to Korean Register of Shipping. In order to conduct this research, we have searched 170 ships that got a detention with a Code-30 within recent 46 months period. The deficiencies of the detentions are inspected by ship types, ship years, flags, ports inspected, and criteria. Moreover, we categorized the deficiencies for the detentions into 17 types for internal and external inspections. As the results of the comparison study, bulk and general cargo carriers dominate the portion of detentions by almost 66 percent. Self-induced detention due to a lack of preparation by crews and company support are the main reasons of repeated detentions from the same type ships. Ships between six and ten years old show the lowest detention rate by 4 percent whereas ships less than five years old generate the highest detention rate by 22 percent. The main categories of the detentions from ships less than 5 years old are a lack of documentation and certification, and the clues support our opinion that owners and crews may neglect to prepare the inspections because their strong confidence for the ship condition due to young ship age. As a result of a great effort of Korean government and shipping companies to reduce a detention rate, the detention rate has been recently reduced to 0.3 percent. The results also require companies with the flag of convenience ships to spend more effort to reduce the detention rate, too. We expect that using social networking service by Korea Register will lower the detention rate by sharing relevant information real-time to ships and owners.

• 수산경영론집
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• 제25권2호
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• pp.59-87
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• 1994

While overall input of oil into the sea has actually declined over the years 1975-92, major spills have regularly occurred in certain locations which have had serious effects upon local environments and hence caused public outcry. The purpose of this paper is to suggest the scheme for maximizing the compensation for oil pollution, which can be adopted in Korea, by analysing the mandatory 1969 Civil Liability Convention(CLC), the 1971 Fund Convention and two voluntary schemes (TOVALOP andCRISTAL). The paper examines the major subjects which are as follows : major pollution incidents and international response, the present situation of oil pollution in Korea, the role of flag of convenience tankers in oil pollution, the mode of oil pollution damages and tanker owner's liability, international compensation system fer oil pollution, Korean compensation system for oil pollution damage, and its problems to be tackled.