• Journal of Navigation and Port Research
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• v.41 no.6
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• pp.359-364
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• 2017

This study examined business acts related to leisure boats, so as to investigate the differences of regulations and things to be supplemented, as well as to suggest improvement measures. In order to achieve this purpose, the authors analyzed the respective legislations. The Acts on businesses using leisure boats(or power-driven water leisure crafts) are the Marine Transportation Act, Excursion Ship and Ferry Business Act, Water-Related Leisure Activities Safety Act, and Act on the Development, Management, etc. of Marinas. These Acts have differences in regulations, in terms of gross tonnage, the age of vessels, crewman, and the liquor traffic. These differences can cause problems such as adjusting the gross tonnage of the vessel by modifying the structures of the facilities, assigning old vessels, sailing without crewmen required for safety, and going against fairness in the liquor traffic in similar businesses. Such differences appeared to be caused by the lack of understanding of leisure boats and the series of new legislation which have been added one by one. It is required to raise the understanding on the characteristics of leisure boats and reflect them in the legislation.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1761-1771
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• 2016

In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

• 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 Fisheries and Marine Sciences Education
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• v.29 no.1
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• pp.201-208
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• 2017

The major cause of the marine accidents is the collision with a moving object such as ship as well as the fixed object such as breakwater. Therefore, the most effective way to reduce the maritime ship accidents is the prevention of collision. In order to decrease the collision, it is principle that the navigation officer promptly judges the dangerous condition and makes the quick response. The ship does not allow any object or other ships approaching its surrounded area called ship area so that it prevents the collision. Generally, the ship which has high speed or poor maneuvering capability shall be managed from the distance so that the other ship does not invade its ship domains(watching distance, blocking distance). Accordingly, this study sets the navigational risk assessment model by applying ship dynamic domain and collision judgement method considered ship length, speed and navigational capability. It also reviewed the validity of the model and evaluated the perilous water way (Maenggol Channel) and a curved route near Maenggol Channel. As a result, in case of a ship with 100m in length passing Maenggol Channel, it represented "warning" level before 1.5nm to the entry, "dangerous"level 0.75nm before to it and "very dangerous" level 0.5nm before to it and then "dangerous"level again up to the entry. Applying to the curved route also showed the same results as the Narrow Channel or Maenggol Channel. This analysis highly matched with the actual navigation results. In the future, this model will be useful for coastal navigation safety chart development and safety evaluation for route or port development. It also allows to evaluate the dangerous route or the best route by applying the result into ECDIS so that it will finally help to reduce the marine accidents. Eventually the model will be effective for the marine traffic simulation evaluation forced by Maritime Traffic Safety Act.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.439-446
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• 2017

The Maritime Safety Act established restrictions for the passage of oil tankers, prohibiting vessesl carrying more than 1,500 kiloliters of oil or 1,500 tons of a hazardous liquid substance. Prohibited vessels that do not satisfy the restrictions are allowed to enter and depart from a nearby port from the outer sea area to minimize the time and distance the oil tanker must navigate in the prohibited area. Therefore, such regulation should not be construed as referring to inshore traffic. In this study, the traffic volume of coastal tankers that do not use the approaching channels for specific sea areas near Yeosu and Gwangyang Port was analyzed, and the cargo loads of these ships were investigated. The results of this study should be used to allow tankers to minimize the time and distance of navigation in prohibited areas. According to the survey, 16 vessels, 51.6 % of the 31 vessels using inshore traffic included in the study, were loaded with more than 1,500 tons of cargo. This is not appropriate according to the legislation for oil tanker passage. Therefore, in this study, sea routes have been proposed that connect with the approaching channels of specific sea areas, from the outer sea areas of restricted passages. Regulations have also been proposed for the entry and departure of oil tankers around Yeosu and Gwangyang Port.

• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.519-526
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• 2013

In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

• Proceedings of KOSOMES biannual meeting
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• 2007.11a
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• pp.149-152
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• 2007

According to the Ship Safety Act amended on 23 Mar. 2006, ships above certain size shall curry position indicating equipment The Vessel Monitoring (VMS) will help to upgrade the present search and rescue mechanism and reduce the loss et lives caused by marine accident Public Notice on standards for installation et ship position indicating equipment was published on 1 Nov. 2007 (MOMAF Notice No. 2007-88). In this paper, we would like to introduce the background, applying ships, prospect for currying ship position indicating equipment at the implementation aspect on Vessel Monitoring System.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.1
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• pp.221-234
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• 2016

Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.1
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• pp.18-24
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• 2015

To improve and modify the problems in Maritime Traffic Safety Audit(MTSA) Scheme, "Maritime Safety Research Center(MSRC)" in Korea Ship Safety and Technology Authority(KST) was designated as specialized institute for MTSA through general revision of "Enforcement of MTSA"(March 2012). However, the roles of the MSRC such as preliminary review of safety audit report, comments on target project and etc. had not been defined clearly on the related maritime safety laws compared with other specialized institutes in other similar audit scheme. In this research, the improvement strategies were proposed for development of specialized institute through SWOT analysis, gathering the opinion from related professions and also comparison with the roles and current status of operation in other similar specialized institutes. In conclusion, the 'Screen & scoping system', 'Consultant system' were proposed for efficient operation of the MTSA Scheme, and the systematic and operational improvements such as a revision of maritime safety lan and etc. were also suggested for integrated management about costal development works, development of specialized institute.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.18 no.6
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• pp.1310-1316
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• 2014

The IMO has recommended on VHF digital communications operation for sailing ships from 2017. And ships more than 5 tons is obliged to digital communications by fishing Vessels Act and Vessel Safety Act in domestic. The owner of all vessel is equipped to the automatic position reporting device in accordance with the Notice of the Ministry of Oceans and Fisheries to regulations, It shall be ensure to navigations safety and in order to respond quickly in the event of maritime accidents on all vessels. The info-communications station of fishery is operating the automatic position reporting system using the VHF DSC in east sea from 2012, Continuously, which is underway the install plan in south sea and yellow sea. But this plan is very difficult, because of propagation environment is poor on account of complicated coastline and many islands. This paper has analyzed the propagation coverage for position setting of coast station in south sea and the traffic zone set up by compare with RSSI and methode of navigation tracking by VMS.