• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.1
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• pp.47-56
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• 2020

This study analyzed the recreational scuba diving regulations in Korea and other foreign countries and it proposes five changes to improve the Act On The Safety, Promotion, Etc. Of Underwater Leisure Activities in Korea. First, "recreational underwater activity participant" should be modified to refer to 'an individual or group of individuals entering into a contract with a recreational underwater activity businessperson for their own use'. Second, the person setting up the recreational underwater activity zone should be expanded to 'recreational underwater activity businessperson and/or recreational underwater activity participant'. Third, since recreational technical diving uses nitrox or mixed gas, a clause should be added that a sticker or band clearly indicating the type of gas should be attached. Fourth, a Surface Marker Buoy (SMB) should be added to the diving equipment, and the daily management and maintenance of cylinders should be specified in detail. Fifth, it is necessary to specify in the Act that recreational underwater activity participants are encouraged to purchase diving insurance for their own use. In addition, for the safety of underwater activity participants, the Act must specifically state the emergency procedures and diving guidelines of a recreational underwater activity businessperson.

• Ocean Systems Engineering
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• v.4 no.2
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• pp.137-150
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• 2014

In the marine industry although there has been significant growth towards safety, security and risk assessments or risk-based strategies such as marine insurance and regulations to avoid the risks of damage to properties and the environment or the prospect of premature death caused by accidents etc, the moves toward managing the risks which are linked directly to the business functions and decision making processes have been very slow. Furthermore in the marine industry most perceptions, methodologies and frameworks of dealing with hazards, risks, safety and security issues are for their assessment rather than their management. This trend reveals the fact that in different marine industry sectors such as logistics and shipping there is a lack of coherent risk management framework or methodology from which to understand the risk-based decisions especially for the purpose of design, construction, operation, management and even decommissioning of the marine related applications. On the other hand risk management is not yet viewed holistically in the marine industry in order to, for example, assign a right person, i.e. risk manager, who can act as a coordinator and advisor with responsibilities that are only specific to risk management. As a result this paper, by examining the present physical borders and risk-based activities in the marine industry, aims to propose an appropriate risk management methodology in addition to the emergent role of risk managers which will enable the industry users initially to become familiar with the concept of risk management at its holistic level. In the later stages this eventually can lead to development of risk management capabilities at an exclusive level and its integration into the marine industry functions in future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.