• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.280-289
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• 2022

Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

• 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.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.159-165
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• 2008

The coastal shipping transport for containers had been serviced by Hanjin Transpotation Co., Ltd. and Korea Express Co., Ltd. from 1995. But Korea Express Co., Ltd. and Hanjin Transpotation Co., Ltd had stopped a coastal shipping transport service routed Busan-Incheon bemuse of getting worse of operation balance in 1999 and 2006 respectively. As a result of these situations, korean-flag and foreign-flag fleets are having difficulty in handling T/S cargos and in-time transport service among inter-ports in korea. As shippers also use lorry to transport their cargos than using costal shipping, it occurs increasing in national logistics' cost as well as time-consuming due to congestion on the road. Therefore, this paper identifies not anly current costal shipping transport systems but also those problems and analyses a economic effect in case of participation in the costal shipping transport service by foreign-flag vessel using monte carlo simulation.