• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.145-154
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• 2022

Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

• 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.

• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• 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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.10a
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• pp.34-36
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• 2013

Despite the fact that navigation technology and educational programs were developed and maritime law has been enforced strictly, the number of maritime accidents has not dropped significantly. In order to reduce traffic accidents at sea, the preventive index for maritime accidents is designed and measured to evaluate and visualize the activities performed. The survey module is composed of preventive domains such as education, engineering, enforcement and information. The index was abstracted from the statistics of maritime accidents causes(2010~2012). It can be evaluated by using the newly developed survey modules. It was found that there is some correlation between the index value and the accident rate of maritime traffic. It is expected that this index will become another useful tool to help prevent maritime accidents.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.4
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• pp.391-396
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• 2013

This study discusses characteristics and regulations of assembly and demonstration on the Sea. One of the characteristics of assembly and demonstration on the sea is danger caused by vessels and nature of the sea. Thus, Korea Coast Guard prefers to regulate demonstration on the sea more strictly by applying sea related laws such as Maritime Safety Act and Public Order in Open Ports Act. However, assembly and demonstration on the sea is one of the fundamental rights which is guaranteed by the Constitution and should be regulated and protected by the Assembly and Demonstrations Law. The purpose of this article is to properly regulate and protect assembly and demonstration on the Sea based on proper interpretation of the Assembly and Demonstrations Law.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.4
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• pp.336-344
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• 2012

It is very important to salvage the vessel and seafarer rapidly and efficiently when maritime accident occurred, as maritime accident has a bad effect on vessel, seafarer and shipping industry as well as the whole community itself. Especially, marine salvage in relation to the accident involving huge marine pollution and loss of life will be regarded as a more important process because the accident would result more severe damages. However, domestic marine salvage forces are weaker than other country's, and private marine salvage company has poor technical and commercial base even though the Korea Coast Guard and Navy have relatively more modernized equipments and squad. Thus, it is very important to promote marine salvage operation capacity because it is related with the national security as well as the national economy. In this regard, this study examines the promoting method of marine salvage including its public and private section from the perspectives of law and systemic revision.

• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.23-28
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• 2015

This paper is to identify the dynamic phenomenon of the marine pollution management that is connected directly or indirectly by using system dynamics analysis. The method used herein is based on system dynamics analysis that analyzed the sub-systems for marine pollution management. Furthermore designed feedback loop between system elements. And made total casual map of marine pollution management. The main results of the paper are the following : 1. It's necessary to equipments and technology development and law revision for feedback loop slump of initial measures delay in oil spill. 2. It should be come up with partnerships and new business for community corrosion non-proliferation caused by social conflicts. 3. Marine pollution management should be an obligation that must be minimized to include social conflicts in the community and national levels besides oil spill response on-site. This model confirmed the hidden cause of delay by existing response plans, manuals and programs. And oil spill response in broader sense is more important from now on. The result can be useful in the guidance of marine pollution and management.

• Journal of Advanced Marine Engineering and Technology
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• v.39 no.3
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• pp.318-325
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• 2015

Korea has very strong shipbuilding industry in the world, so many new ships are constructed in Korean shipyards. These built vessels are carrying out sea trial at sea before delivering to shipowner, and sea trial ships cause navigation risk to other passing vessels to accomplish sea trial tests as quick turning, zigzag maneuvering and crash astern etc. in traffic congestion conditions. It occurred more than 1 collision accident related sea trial for recent 5 years. It has been increased about 30% of risk because of navigation of sea trial vessel by marine traffic flow simulation. This paper analyzed marine traffic density surveyed by AIS data for 7 days, and investigated position of marine accidents for 5 years in Korean coastal waterway, it established the sea trial prohibition areas as 10/100 level of total marine traffic volume, which is considered no danger for ship operator. This analyzed maritime safety law for setting of the prohibition waters to propose the basic legal system. It makes contribution to marine pollution prevention by setting of the sea trial prohibition water to improve the ship's navigation safety.

• Journal of Navigation and Port Research
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• v.38 no.3
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• pp.247-252
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• 2014

Despite the facts that navigation technology and educational programs were developed, and that maritime law has been enforced strictly, the number of maritime accidents has not dropped significantly. Accident prevention is emphasized because of the extreme life, property, and environmental losses that accompany maritime accidents. Even though there are a variety of preventive activities, their performance is not satisfactory. In order to promote preventive activities and to organize safety management, a Preventive Index of Ship Accident(PISA) and a Preventive Level of Ship Accident(PLSA) which are abstracted from the statistical data of ship accidents (2009~2013) are proposed. The survey module by which these variables can be calculated is composed of preventive domains such as education, engineering, enforcement and information, and is applied for the preventive indexes measurement of cargo, passenger, tanker, tugboat and fishery ships. We compared and analyzed measured result with statistical accident rates and cases to confirm the index utilities. It was found that there is some correlation between the index value and the ship accident rate. It is expected that this index will become useful to evaluate a preventive status for the prevention of ship accidents and for the maritime safety culture.