• Asia-Pacific Journal of Business
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• v.14 no.1
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• pp.381-396
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• 2023

Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.207-212
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• 2006

The noise levels on board ship recognized at Europe in the early 1970s and the noise regulations on board ship began to put in a statutory form. After that, in 1982 "International Code on Noise Levels on Board Ships" adopted by IMO and it became standard to the newly built ship and remain so to this day. Especially, the ship engine room, which have huge main engine and various kinds of subsidiary machines, is under an extremely loud condition and so the worker who works in it is easy to lose his hearing. Recently, each nation regulates the allowable noise exposure time by law to protect the industrial employee from the occupational hardness of hearing. In our country, the allowable noise exposure time is regulated by the labor standard law but the international provisions regulated by IMO have been applied in case of the ship engine room. In this paper, the cabin's noise levels of cargo-passenger ships plies south-west coast line were investigated.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.3 s.26
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• pp.193-199
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• 2006

The noise levels on board ship recognized at Europe in the early 1970s and the noise regulations on the ship began to put in a statutory form. After that, in 1982 'International Code on Noise Levels on Board Ships' adopted by IMO and it became a standards to the newly built ship and it remains up to recently. Especially, the ship engine room, which have huge main engine and various kinds of subsidiary machines, is under an extremely loud condition and so the worker who works in it is easy to lose his hearing. Recently, each nation regulates the allowable noise exposure time by law to protect the industrial employee from the occupational hardness of hearing. In our country, the allowable noise exposure time is regulated by the labor. standard law but the international provisions regulated by IMO have been applied in case of the ship engine room. In this paper, the cabin's noise levels of cargo-passenger ships plies south-west coast line were investigated.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.47-69
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• 2010

From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

• The Journal of Fisheries Business Administration
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• v.28 no.1
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• pp.51-70
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• 1997

The fishing industry of Korea is now i a critical transitional stage. That is, broadly speaking, there are two dominant factors that constrain the further development of Korea fishey and effective competition in the international fishing industry. First of all, the global fishing industry has experienced many significant changes due to the execution of U.N, maritime law, the establishment of EEZ(the Exclusive Economic Zones), the increased roles of WTO(the World Trade Organization) as well as Korea being a member of OECD(the Organization for Economic Co-operation and Development). Second, the fishing industry of Korea is faced with the following domestic troubles, such as the icreasing fishing expenses, insufficient labor supply, and the collapse of traditional local co-operative organizations of fishing villages, etc. However, the demand for aquatic products of home consumers not only continues to increase but also is shifting to select more valuable species, completely ignoring the above-mentioned serious pressures incurred by the Korean fishery. To solve these problems and keep developing steadily, it is necessary for the fishing industry of Korea to adopt a more active and flexible development pattern in order to reset up the regional economic base in fishing villages nation-wide and make the exploitation of fishing resources balance. The paper gives an reconsideration to the primary alternatives facing the Korean fishery and its prospective roles in a realistic and far-sighted attitude. It may serve as an endeavour in seeking an outlet for the fishing industry of korea to advance forwardly and lastingly.

• Journal of the Korea Safety Management & Science
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• v.8 no.3
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• pp.27-36
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• 2006

The port, differently from general working place, is a closed area to execute security, customs, and quarantine procedures. The loading and unloading is being done differently by cargoes, ships, berths, and equipments. To load and unload a lot of equipments and different types of labor are required, in which work flow is very complicated. As above mentioned the port is very unique and deteriorated working place including danger. The purpose of this thesis is to propose ways to analyze and establish the preventive measure for cargo handling accidents in port. We have collected 923 accidents happened at Incheon Port during the period from 1994 to 2003. And to analyze and establish the preventive measure we have employed an advanced 6sigma DMAIC technology presently in spotlight as the best tool for management innovation. For the purpose of effective safety management of cargo handling in port, this thesis will help to revise and establish the law, system, standard, and standard working manual with respect to the port loading and unloading system. Now frequency of cargo handling accidents in port is highest for the second time among all industries, so we proposed the new safety management system to substitute port safety committee and to take full charge of safety in Ministry of Maritime Affairs and Fisheries.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.59 no.2
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• pp.172-180
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• 2023

Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

• Korean Security Journal
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• no.39
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• pp.185-215
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• 2014

Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.