• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.1 s.22
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• pp.1-9
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• 2005

The Judgement on a certain maritime accident accompany with punishment or recommendation to the examinee who was connected with that accident. It also gives quite a consequence to the Civil Trial relating with the maritime accident. In the Maritime Safety Tribunal System, the examinees can get assistance from Maritime Counselor. As it requires a lot of costs, it should be limited by economic condition of the examinees. In this Paper, with the consideration of the several kinds of Free Counsel System, Free Counsel System for Maritime Safety Tribunal was studied. The proposals are as follows; 1. To introduce the Mandatory Counselling and Court-designated Counselor System. The costs to be paid by government. 2. The same as above but the counselor to be designated among the staffs of the maritime organizations, then the costs to be paid by the organization which they belonged. 3. To establish Maritime Safety Tribunal Association which performs Monetary Assistance same as Korean Legal Aid Corporation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.71-78
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• 2002

For the first Maritime Accident Inquiry System in Korea, Central Marine Accidents Inquiry Committee were founded in Seoul and District Marine Accidents Inquiry Committee in Busan city In 1963 to determine the circumstances of the accidents and causes. At the present day, it was settled as Maritime Safety Tribunal tough several revision of the Law and regulations regarding the Maritime Accident Inquiry System. In Korea, there occurred about m cases of marine accident, and as a result, about 200 people were lost human lives in average per year. In accordance with the change of circumstances such as traffic increasing and being bigger in size, being faster in speed, etc., the causes of the marine accidents become complicated year by year. Accordingly, in this moment, it is meaningful that the introduction of the Research Official who assists the Judges probing the cases fair and square. In this Paper, with the consideration of the several kinds of Research Official System, such as the Research Official of the Korean Supreme Court, the Supreme Public Prosecutors' Office and the Constitutional Court, Japanese Supreme Court, Law Clerk in USA, etc., the selection, numbers, duty of the Research Official were studied. The results of the study are as follows; 1. The Research Official to be appointed among the person having long enough career as a Judge, Investigator engaged in the Maritime Safety Tribunal due to he sho띨d have capability to confirm perfectly logical judgement and to collect enough material for the conclusion of the causes of the case. The one who understands the foreign language is preferred for the study of the foreign cases; 2. It will be logical to post 3 joint Research Officials in Korea Maritime Safety Tribunal in Seoul after due consideration the cases treated a year; 3. It will be logical for the Research Official to perform the collection of material and inspection of the scene for the trial and inquiry of the cases, to attend the cases filed suit to the Supreme Court, to make commentarial papers regarding the judged cases, to collect statistics of marine accidents and to devise a reform measure through in-depth analysis of the accidents frequently occurred, to study for the improvement of the Maritime Accident Inquiry System;

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.118-118
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• 2017

• Journal of Navigation and Port Research
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• v.27 no.6
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• pp.605-610
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• 2003

According to SOLAS Convention, a voyage data recorder(VDR) is to be fitted onboard ships to assist in the marine casualty investigation However, a review of Korean Maritime Safety tribunal(KMST), shows that the current VDR systems is inconvenient in practical because the storage format of VDR and the casualty reproduction method are different from one manufacturer to another making it economically and timely difficult for the maritime casualty investigation bodies to carry out investigation in a proper manner. To solve this problem, this paper proposed a newly designed VDR Analysis System(VDRAS), which decodes the voyage data of VDR producea by different manufacturers, reproduces the condition at the time of casualty in an accurate, and performs necessary checks.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.398-407
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• 2018

Standard guidelines for marine accident investigation have been prepared through the enforcement of the Casualty Investigation code as of January 2010. In addition, as the International Maritime Organization (IMO) recommended contracting the state to manage a marine incident system established under this code, Korea also has newly established provisions for a marine incident system in the 'Act on the Investigation of and Inquiry into Marine Accidents' also as of 2010. The Korean Maritime Safety Tribunal (KMST) has made a multilateral effort to prevent marine accidents through the efficient operation of a marine incident system, but this system has not been properly activated. This study examines the operational status and problems of a marine incident system and analyzes the marine incident systems of foreign countries and similar transportation agencies such as railroads and aviation. Options include switching to voluntary reporting of marine incidents, transferring responsibility to a non judicial private organization, expanding incentive systems for a marine incidents, revising regulation and preparing detailed implementation guidelines.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.64-71
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• 2022

The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.1
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• pp.57-63
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• 2010

The marine safety investigation inquires and concludes the facts and causes of the marine casualties and incidents with the objective of preventing similar roses in the future. Thus, IMO and most states adopt and revise marine safety related conventions and national laws based on the results of marine safety investigation. In particular, IMO recently adopts mandatory IMO Casualty Investigation Code to identify the precise cause of rose with states' cooperation, to report the result of investigation, and to establish new international safety standard helping prevention of similar cases based on the report. The Judgement of the Korean Maritime Safety Tribunal system based on the 'Act on the investigation of and inquiry into marine accidents' is used for the purpose of marine safety investigation in Korea to prove cause of marine accident and to improve marine safety. Therefore, this study examines the Code and compares the Code with the Act to reflect the contents of provisions in the Code into the Act. The study would also be the basic references in relation to revising of marine safety investigation system in Korea Specially, the contents in relation to the independence of investigation authority and mandatory counselling system, and guarantee of seafarers human rights to ensure fairness of investigation would be included.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.1
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• pp.8-14
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• 2020

According to the statistics provided by Korean Maritime Safety Tribunal for the year 2018, the majority of marine accidents in the past four years have occurred in fishing boats and small-sized boats. Negligent behavior resulting from not looking outside and non-compliance with navigation laws are the primary reasons behind ship collisions. Although safety education and training are reinforced to prevent such accidents, they still occur frequently. Hence, technical methods are continuously being developed to reduce ship collisions caused by human cause. The objective of this study is to reduce ship collisions by employing the WAVE communication system, which has short transmitting and receiving periods that can be incorporated for high-speed small-sized vessels. In this study, the suitability of the communication range was examined, and the appropriate range and timing for avoidance motion were accordingly selected, and a control algorithm based on the same was thereby designed. Consequently normal operation of the collision avoidance system was verified by connecting and simulating the proposed WAVE communication router-controller-steering equipment.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.603-609
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• 2013

In December 1998, Act on the investigation and inquiry into marine accidents was amended by inserting new Paragraph (2) of Article 4, which states "Where two or more persons are related to the occurrence of a marine accident when the Maritime Safety Tribunal(hereinafter referred to as the "MST") examines the causes of a marine accident as provides for under Paragraph (1), the MST may disclose the extent to which each responsible person is related to the cause of the marine accident". Based on this new Paragraph, the apportionment system of causation ratio in the ship collision was introduced in February 1999. However the apportionment system is adopted 12 years ago, public debate has continued about the positive and negative aspects of the system. Thus some groups advocate the system for the advantages, but other groups argue that this system should be abolished. Therefore, at first, this study analyzes the adopting background and the main reasons of the pros and cons discussion on the apportionment system of causation ratio in the ship collision. Then we conduct a survey analysis to investigate stakeholder's satisfaction of this new system in the ship collision cases. Finally this study suggests the policy proposal to improve the apportionment system of causation ratio in the ship collision.