• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.1
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• pp.25-40
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• 2001

The coastal waters and the adjacent coastal lands strongly influenced by each other and includes islands, transitional and intertidal ares, salt marshes wetlands and beaches. We focus on the coastal zone because of its unique geographical characteristics, Its ecological and economic importance, and the increasing pressures on its integrity. Our coastal zone have been controlled individually about 50 of a different kind of laws, as a result, to reach an individual purpose of the laws, people have developed the coastal zone without considering environmental condition, which brought about ecological destruction, pollution and devastation of the coastal areas. Finally, In 1999, the Coastal Management Act and the Wetlands Conservation Act were established and hereafter the environmental concern has been increased. They will be an important role to preserve our environment of coastal zone. Here I will examine the Laws concerned with environmental management of coastal zone and indicate immanent problems of it. So, I expect that problems will be improved one by one through this paper.

• 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.

• Journal of the Korean Society for Marine Environment & Energy
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• v.19 no.3
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• pp.211-217
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• 2016

In case of the Sea Areas Utilization Consultation about fishery harbor facilities there has been problems excepting a mooring facility and having the same scope of business subject with harbor, while those scale are different. In this study, we analyzed the 17 cases of the statements for Sea Areas Utilization Consultation according to the development projects of fishery harbors for 2013-2014 and suggested the improvement way to go. First, it is needed to reassess the scope of business subject about fishery harbor because the environmental effects about the development projects for the fishery harbor are not considered separately by facilities, development project for the fishery harbor. Therefore, the reassessment about them are needed surely. Second, the adjustment of the range about fishery harbor facilities on the Sea Area Utilization Consultation is needed because in case of most small fishery ports, the sizes of those facilities are less than the boundary area ($50,000m^2$). Last, consultation subjects shall be more clear in order to protect confusions-related with applying for the Consultation on Utilization of Sea Areas. A new rule for clarifying consultation on business subjects is needed in order to reduce the unclarity and the confusions from being occurred by difference between 'occupancy or use permit of public waters' and 'exclusion of application' and business subjects according to the Public Waters Management and Reclamation Act and the Marine Environment Management Act, respectively.

• Ocean policy research
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• v.33 no.2
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.6
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• pp.928-936
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• 2022

According to the current status of marine accidents in Korea, the number of accidents is steadily increasing by an approximate average of 8.5% per year, and marine accidents are steadily increasing for ships and structures such as floating barges, tugboats, ferries and floating platforms except for fishing ships. In this study, domestic floating structures were classified according to the type of floating structure, and the regulation system and the scope of the application of floating marine structures were schematically illustrated according to related domestic laws such as the Ship Safety Act, Ship Act and Fishing Management and Promotion Act. In addition, considering the state of the marine environment, it was intended to discover structurally delicate parts and risk factors early in blinded safety spots in applying domestic regulations, and to derive effective improvement measures for the discovered risk factors.

• Proceedings of KOSOMES biannual meeting
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• 2009.06a
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• pp.105-111
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• 2009

Marine pollution prevention manager system has been operated for the purpose of preventing marine pollution from ships and marine facilities in Korea. As a new "marine environment management act" replacing an old "marine pollution prevention act" had entered into force from January 20, 2008, the works and business of the education and training courses for marine pollution prevention manager are scheduled to transfer from KIMFT(Korea Institute of Maritime and Fisheries Technology) and FHRDI(Fisheries Human Resource Development Institute) to KOEM(Korea Marine Environment Management Corporation) on January 1, 2011. The present state of the education and training for marine pollution prevention managers on board ships was surveyed and analyzed In order to prospect trainee demands for the education and training and to provide KOEM with basic data for establishing a new system for the education and training. The existing education and training courses of KIMFT for marine pollution prevention manager on board ships are classified into a regular course of 21 classes for 3 days, a reeducation course of 18 classes for 2 days and a NLS course of 17 classes for 2days. The annual numbers of trainees in 2008 were 516 persons for regular course, 1085 persons for reeducation course and 135 persons for NLS course in KIMFT. The trainee demands for the education and training were attempted to be predicted on a basis on annual increase rate of ships. The predicted demands for the education and training are changeable depending on the major factors such shipping market, naval architecture industry, etc.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.3
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• pp.245-255
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• 2011

Korea ship management industry originated from overseas seamen employment business since 1963 in the Republic of Korea. Recently, new trend of shipping business has developed in a separate way with ship's ownership and management, that is, cargo business which is in charge of shipowner and practical affairs for ship operation which is in charge of specialized ship management company. Ship Management Industry is being focused as a new development engine with the anticipation of continuous development over 10% a year leading a competitiveness and saving cost in the world market. Therefore, "Draft Ship Management Industry Development Act" was suggested by the shipping business group and academic scholars as a result of continuous research for a long time. This was also submitted to the national assembly for adoption as a national law. The purpose of this paper is to make a contribution to the development of Korea ship management industry through the consideration of each article of this draft Act implications and suggestion of legal and institutional improvements. The result of this study will ultimately contribute to the growth of the Korean ship management industry and enhance their business scope internationally. For the above mentioned purpose, I focus on nurturing and supporting Korea ship management industry, and accreditation of superior ship management industry, etc. within the scope of the submitted draft act.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.4
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• pp.376-384
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• 2017

Ship's Bunkering Business is one of the essential businesses creating added values of the port as a hub for a stream of the international logistics. Regulatory considerations of ship's bunkering business should be made to create a more relevant system and stabilize the bunkering industry so that the ports may produce more substantial added values. This paper suggests revisions the Harbor Transport Business Act, the Marine Transport Act, putting forward an idea of unifying safety management systems, establishing a guideline for bunker quality managements, and changing the laws regarding any wrongdoings of bunker suppliers. In conclusion, in order to increase the managerial integrity of the bunkering operators, reasonable burdens should be distributed across the government, refinery companies and ship-owners to achieve a more balanced state and enable long-term development to advance the business at issue, following a step-by-step approach to amend the contract practice, the laws and the systems.

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.174-174
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• 2017