• Title/Summary/Keyword: Korea maritime safety act

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A Study of Legislation for The Offshore Support Business Revitalization - Focusing on the amendment of Maritime Transport Act - (해양플랜트 지원사업 활성화를 위한 입법론적 연구 - 해운법 개정을 중심으로 -)

  • Jin, Ho-Hyun;Lee, Chang-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.4
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    • pp.428-436
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    • 2015
  • This paper considered the concept and characteristic OSV operation business for support the offshore plant and suggested amendment Maritime Transportation Laws, legislative proposals to solve the legal absence and to develop offshore service industry. Because Maritime Transportation Laws specialized for the carriage of passenger and goods by sea is not perfectly covered with Offshore support business in Korea. So it is necessary to make an explicit amendments for the article of Maritime Transportation Laws that founds absence of the law with the definition of terms to correspond related existed regulation reflected on the characteristic offshore support business by using OSV to develop offshore plant industry including support, service, supply, transportation etc. I expect that this paper will be a basic study to make a government policy, law, regulation to activate Offshore Service Industry in the future.

De Lege Ferenda for Improvement of the Management System for Sunken Vessels (침몰선박 관리체계의 개선을 위한 입법론적 연구)

  • Jeon, Yeong-Woo;Jeon, Hae-Dong;Hong, Sung-Hwa
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.5
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    • pp.462-472
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    • 2017
  • Sunken vessels on major fairways can cause many problems in terms of maritime safety and the marine environment. In order to prevent secondary marine pollution accidents caused by sunken vessels, information on sunken vessels has been collected, a risk assessment has been conducted, and the relevant vessels are being managed according to the results of each assessment. However, there is still a demand for improvements. The most important of the improvement plans is a paradigm shift. In other words, the management of sunken vessels needs to be transformed according to a new paradigm to manage all sunken vessels within three years from the time of sinking. Legislative improvements are also needed for the reporting system for sunken vessels, risk assessment tools, the implementation of risk mitigation measures, and criteria for the implementation cost of risk mitigation measures. In addition, close coordination between marine pollution response and sunken vessel management efforts is needed. As the division of duties between the Korea Coast Guard and the Ministry of Oceans and Fisheries is vague, collaboration between the two ministries is required. Close collaboration is also needed between the departments of navigation safety management and sunken vessel management. Therefore, it is necessary to more clearly establish the relationship between the two systems and create a synergy effect between the two administrative operations using the results of the risk assessment in the Marine Environment Management Act to determine the navigational risk posed by obstacles with regard to the Maritime Safety Act.

A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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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.

Study to Improve the Legal System to Reduce Marine Accidents caused by Marine Plastic Litter (해양 플라스틱 쓰레기에 의한 부유물 감김 해양사고 저감 정책방안 연구 - 법제도 측면 개선 중심으로 -)

  • Lee, Hye-Jin;Kim, Bo-Ram
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.967-976
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    • 2021
  • Over the last ten years, the number of entanglement marine accidents has increased more than other accident types. This study analyzed the annual statistical report of marine accidents from the Korea Maritime Safety Tribunal and Korea Coast Guard. Despite some discrepancies between data of the two organizations, it was found that marine accidents involving fishing vessels were more prevalent than those involving non-fishing vessels. In addition, the main floating materials that caused wounded entanglement accidents were fishing nets, fishing gear, and ropes, and the proportion of them was high. Foreign and domestic policies on marine plastics recognize most marine plastics as marine environmental hazards and focus on marine litter recovery and the prevention of marine pollution. The representative Acts related to the marine environment and marine litter, the Marine Environment Management Act and the Marine Waste and Sediments Management Act, recognize marine litter as a type of marine waste, and deal with the types and definition of this waste. However, clearly defining marine waste is difficult. Therefore, this study tried to examine the relevant legal system of marine litter on ship operation and suggested improvement measures. Moreover, the definition of marine litter for the safe navigation and operation of ships was clearly proposed.

A Critical Review of the Act on Vessel Traffic Services (선박교통관제에 관한 법률에 대한 비판적 고찰)

  • Shin, Dong-Ho;Ji, Seung-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.336-345
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    • 2020
  • Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

A Study on the Adequacy of Maritime Safety Training for Fisheries Seafarers (어선 종사자에 대한 안전교육 적정성에 관한 연구)

  • CHO, Jang-Won;HAN, Se-Hyun;KIM, Ki-Sun;LEE, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.5
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    • pp.1308-1318
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    • 2016
  • In order to prevent the maritime accident, all seafarers who work on fishing vessels over G/T 20 tons are required to undergo the basic safety training by the Seafarer's Act. 45% of domestic crews have boarded on the fishing vessels. However, the fishermen have been trained in accordance with the STCW(International convention on standards of training certification and watch-keeping for seafarers) Convention. But safety training courses for seaman do not reflect on the safety equipment and the limitation of the fishing vessel in the training contents which is organized in accordance with the merchant ship by STCW convention and code. Most of the fishing vessels are small fishing boat of less than G/T 80 tons. Small fishing vessels are operating with only a minimum of safety equipment that has been defined by the fishing vessel safety equipment standard. Due to the safety training that does not fit the situation of the fishing boat, the level of satisfaction by the crews onboard is low for the training. Furthermore, there is a difficulty in achieving the goal of safety education. In order to carry out the safety training that is suitable for fishermen, it is required to provide appropriate standards for the safety education of workers of small fishing boat, by understanding the current state of the domestic fishing vessels. The purpose of this study is to define the aforementioned problems and to provide the standard for the safety education of fishermen. In order to complete the purpose, the research team has conducted a analyzation for registered domestic fishing vessel and safety equipment standard.

A Study on the Legislation Directions of FRAMEWORK ACT ON KOREA COAST GUARD(tentative name) ((가칭) 해양경찰기본법 입법방향에 관한 연구)

  • Son, Yeongtae
    • Journal of the Society of Disaster Information
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    • v.10 no.3
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    • pp.396-407
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    • 2014
  • In 19th May 2014, the government announced that KCG(Korea Coast Guard) is dissolved regarding responsibility for recently accident which is Sewol ferry disaster. But KCG, a central administrative agency is responsible for protecting maritime sovereignty of South Korea; the most basic and indispensable organization. Furthermore, The purpose of KCG is to provide the safety of the public and keeping of public order by prescribing matters necessary for the securement of maritime security, maintenance of public order and protection of marine resources & facilities. Therefore, In this article, I would like to suggest tentatively named FRAMEWORK ACT ON KOREA COAST GUARD's management plan which could reflect the scope of functions. It means we examine the current state of KCG, and would like to signpost for the most ideal way of legal system in Korea Coast Guard. Finally, this treatise is expected that this research can be a guideline contribute to improving Korea Coast Guard relevant laws even a little.