• Title/Summary/Keyword: Korea maritime safety act

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A Study on the Design of Data Model for Route Information based on S-100 (S-100 기반의 항로정보 데이터 모델 설계에 관한 연구)

  • PARK, Byung-Moon;KIM, Jae-Myeong;CHOI, Yun-Soo;OH, Se-Woong;JUNG, Min
    • Journal of the Korean Association of Geographic Information Studies
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    • v.22 no.2
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    • pp.50-64
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    • 2019
  • According to the Maritime Safety Act, there are all 34 routes including 5 traffic safety zones, 3 traffic separation schemes, 26 routes designated by regional maritime affairs departments in the Republic of Korea. In the SOLAS convention, the route information should be is effectively used for the safe navigation. However, the route information is complicatedly composed of the location of the route, the navigation rule by each route, the restriction of the navigation, and the anchorages. Moreover, the present method of providing information using the navigational chart and other publications is not effective for users to grasp the navigational information. Therefore, it was conducted to study the design of the S-100 based routing information data model developed by the International Hydrographic Organization to find ways to more effectively provide route information. To do this, the analysis of route requirement, selection of items, encoding test and users' review were carried out. Through expert user review, it was evaluated that the study on the design of the route information data model can be utilized as a good basic data for the route information integration service. Future research on the development of route information data models is expected to provide integrated route information services.

Supercargo and Temporary Passengers (화물관리인과 임시승선자)

  • Choi, Suk-Yoon;Hong, Sung-Hwa;Ha, Chang-Woo
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2018.11a
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    • pp.225-227
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    • 2018
  • This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

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Estimation for Reclamation of Public Waters Demand Using Time-series Analysis (시계열 분석을 통한 공유수면 매립 수요 예측)

  • Shin, Chul-Oh;Choi, Eun Chul;Yoon, Sung-Soon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.918-923
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    • 2021
  • The Korean government is developing a 10-year master plan pertaining to the Public Waters Management and Reclamation Act. However, it was observed that implementation of the reclamation project through frequent changes would occupy a significant proportion. Thus, questions are being raised about the effectiveness of the master plan. In view of this, the need for a trend analysis on long-term reclamation demand is growing. Accordingly, in this study, a trend analysis of reclamation demand was carried out using the annual reclamation performance data. The results of the analysis indicate that the demand for reclamation of public waters continued to decline, and the trend has been particularly evident since the 1990s, when it was converted into a reclamation master plan. In addition, the total demand for reclamation during 2021-2030 was calculated to be at a maximum of 13.8 km2 and minimum of 1.7 km2.

Stratification Variation of Summer and Winter in the South Waters of Korea (한국남해의 여름과 겨울철 성층변동)

  • Lee, Chung-Il;Koo, Do-Hyung;Yun, Jong-Hwui
    • Proceedings of KOSOMES biannual meeting
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    • 2007.05a
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    • pp.43-50
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    • 2007
  • In order to calculate the strength and to. see the variation af the stratification in the Southern Waters af Korea, the stratification parameter defined as potential energy anomaly (PEA, $V(J/m^3)$) introduced by Simpson and Hunter (1974) was used The data used in this paper were observed in August 1999 and February 2000 by National Fisheries Research and Development Institute (NFRDI). Also to know the effects af the temperature and the salinity an the stratification respectively, averaged temperature and salinity were used in the process af calculation the parameter. V is generally high in the offshore. However, in February, V in the onshore is higher than that of the offshore due to the vertical temperature gradient caused by the expansion of South Korean Coastal Waters (SKCW). In the summer, the increase af the atmospheric heating, the temperature inversion phenomenon act an the stratification as the buoyancy forcing. In most cases, the effects of the temperature on the stratification is stronger than that of the salinity. The temperature effect is predominantly due to the extent af the intrusion of Tsushima Warm Current into the study area. However, at stations where V is high the effect af the salinity is also significant. In the winter, V is very low due to the decrease of the buoyancy forcing, but same stations show the relatively high V due to the expansion of SKCW and Tsushima Warm Current.

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A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels (불법조업 중국어선에 대한 해양경찰의 단속에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.49-58
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    • 2014
  • The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

A Study on the Strategy of Parties Concerned with regard to the Ban of the Use of Asbestos on Ships (선박에서의 석면사용금지와 관련 당사자의 대응전략에 관한 연구)

  • Ha, Weon-Jae;Kim, Jong-Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.2
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    • pp.179-185
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    • 2014
  • A use of Asbestos onboard was banned by the provisions of SOLAS since 1 January 2011. And this provision was also implemented by the Rule for Ship's Facilities in Korea. However, these provisions were only declaration and there were no detailed measures for detect, removal and confirmation. In this study, by reviewing the Ship Recycling Convention, IMO circulars and Asbestos Safe Management Act, the following strategies for each concerned parties were proposed. The administration and class society should establish the provisions for appointment of subject vessel which to be inspected for asbestos, criteria for asbestos management and appointment of handling expert. The shipbuilder and equipment manufacturer should make written confirmation that asbestos was not used in their product. And shipowner and ship manager should establish procedure for onboard control of asbestos in the ship's safe management system.

Legal Issues in Application of the ISPS Code under Marine Cargo Insurance (해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점)

  • Lee, Won-Jeong;Yoo, Byung-Ryong
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.307-316
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    • 2014
  • In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

An Analysis of Legal System for Strengthening Actions against Operating Vessels Under the Influence of Alcohol at Sea (해상에서의 선박 음주운항 단속 강화를 위한 법 제도 분석)

  • HAN, Jae-Jin;Jeong, Bong-Hun;Gug, Seung-Gi;Yun, June-Ho
    • Journal of Navigation and Port Research
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    • v.45 no.1
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    • pp.33-41
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    • 2021
  • In the last 5 years, a total of 567 accidents of operating vessels occurred under the influence of alcohol at sea, most of which occurred in fishing boats. Accidents caused by operating vessels under the influence of alcohol at sea are causing human and physical damages. There were 69 accidents caused by operating vessels under the influence of alcohol, leading to five deaths and one missing. The social damage due to operating vessels under the influence of alcohol is also increasing. Under the current law, punishment is given lightly compared to the seriousness of violation. In order to prevent the recurrence of accidents caused by operating vessels under the influence of alcohol, cases in Korea need to be analyzed. Regulations on the crackdown in foreign countries were compared to those in Korea and reviewed. In addition, risks of operating vessels under the influence of alcohol should be provided to ship workers while improving related laws and systems. In addition, efforts should be made to reduce the number of accidents due to operating vessels under the influence of alcohol by strengthening crackdowns on ships at sea so that accidents caused by operating vessels under the influence of alcohol could be prevented in advance in the future.

A Study on National Response Strategies of Large-scale Marine Disaster (대규모 해양재난의 국가적 대응전략에 관한 연구)

  • Lee, Choonjae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.5
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    • pp.550-559
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    • 2019
  • The sinking of the M/V SEWOL in April 2014 was not a mere marine accident, but a marine catastrophe. This grim case developed into a social tragedy that impinged the national sentiment and communal integrity. It is imperative that thorough provisions and measures be outlined at the national level with regard to massive marine accidents, oil pollution, and natural disasters that might critically affect government affairs. Pivoting on "The Black Swan Theory," a concept of improperly rationalizing a national crisis based on uncertainties, this research assesses a variety of response strategies that minimize the national economic and social damage caused by a large-scale marine disaster. Along with the effort of minimizing any potential defects in each protective barrier, the "Black Swan Detection System of the Marine Disaster" needs to be incorporated to prevent cases wherein such defects lead to an actual crisis. Maritime safety must be systematically unified under a supervisory organization, and a structure for maritime crisis on-scene command and cooperation must likewise be established in order that every force on the scene of a marine disaster may act effectively and consistently under the direction of an on-scene commander.

A Study on Unauthorized Anchoring of Foreign-flag Vessels in Internal Waters and Territorial Sea (외국선박의 내수 및 영해 무단정박에 관한 연구)

  • Lim, Chae-Hyun;Lee, Chang-Hee;Jeong, Dae-Deuk
    • 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.