• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.366-373
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• 2020

According to Article 77 of the Ship Safety Act and Article 97(2) of the Enforcement Ordinance of the Ministry, the Recognized Organization (RO) personnel (ship surveyors) responsible for statutory survey shall have educational qualifications and experience in a specific field or obtain a license under the National Technical Qualifications Act. However, graduates from maritime high schools and those who completed the short-term course of the Ocean Polytec did not satisfy the qualification standards for the RO personnel since they did not graduate from the departments of maritime/fisheries or shipbuilding. Major shipping countries such as the United Kingdom, the United States, and Canada use the IACS (International Association of Classification Societies) regulations, and the Ship Safety Act in Japan has eliminated the qualification requirements for ship surveyors. In particular, under the IMO (International Maritime Organization) and IACS regulations, the RO personnel shall have as a minimum the following formal educational background: a degree or equivalent qualification from a tertiary institution recognized within a relevant field of engineering or physical science (minimum two years' program); or a relevant qualification from a marine or nautical institution and relevant sea-going experience as a certified ship officer; and competency in the English language commensurate with their future work. Considering that Article 17 of the Enforcement Decree on Public Officials Appointment Examinations prohibits educational restrictions and there are no educational restrictions on the qualifications of British and Japanese surveyors, if the maritime high school graduates have sufficient sea-going experience, education, and training, they could be recognized as meeting the qualification requirements. Moreover, those who completed the short-term course of the Ocean Polytec could also be recognized as meeting the qualification requirements because they are required to have at least a professional bachelor's degree (in the case of a third-class CoC (Certificate of Competancy)) and some sea-going experience after completion.

• Korean Security Journal
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• no.41
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• pp.293-326
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• 2014

Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.617-625
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• 2013

"Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

• 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.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• Journal of Intelligence and Information Systems
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• v.21 no.2
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• pp.151-171
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• 2015

This study examined the concepts of the Internet of Things(IoT), the major issue and IoT trend in the domestic and international market. also reviewed the advent of IoT era which caused a 'Paradigm Shift'. This study proposed a solution for the appropriate corresponding strategy in terms of Enterprise. Global competition began in the IoT market. So, Businesses to be competitive and responsive, the government's efforts, as well as the efforts of companies themselves is needed. In particular, in order to cope with the dynamic environment appropriately, faster and more efficient strategy is required. In other words, proposed a management strategy that can respond the IoT competitive era on tipping point through the vision of paradigm shift. We forecasted and proposed the emergence of paradigm shift through a comparative analysis of past management paradigm and IoT management paradigm as follow; I) Knowledge & learning oriented management, II) Technology & innovation oriented management, III) Demand driven management, IV) Global collaboration management. The Knowledge & learning oriented management paradigm is expected to be a new management paradigm due to the development of IT technology development and information processing technology. In addition to the rapid development such as IT infrastructure and processing of data, storage, knowledge sharing and learning has become more important. Currently Hardware-oriented management paradigm will be changed to the software-oriented paradigm. In particular, the software and platform market is a key component of the IoT ecosystem, has been estimated to be led by Technology & innovation oriented management. In 2011, Gartner announced the concept of "Demand-Driven Value Networks(DDVN)", DDVN emphasizes value of the whole of the network. Therefore, Demand driven management paradigm is creating demand for advanced process, not the process corresponding to the demand simply. Global collaboration management paradigm create the value creation through the fusion between technology, between countries, between industries. In particular, cooperation between enterprises that has financial resources and brand power and venture companies with creative ideas and technical will generate positive synergies. Through this, The large enterprises and small companies that can be win-win environment would be built. Cope with the a paradigm shift and to establish a management strategy of Enterprise process, this study utilized the 'RTE cyclone model' which proposed by Gartner. RTE concept consists of three stages, Lead, Operate, Manage. The Lead stage is utilizing capital to strengthen the business competitiveness. This stages has the goal of linking to external stimuli strategy development, also Execute the business strategy of the company for capital and investment activities and environmental changes. Manege stage is to respond appropriately to threats and internalize the goals of the enterprise. Operate stage proceeds to action for increasing the efficiency of the services across the enterprise, also achieve the integration and simplification of the process, with real-time data capture. RTE(Real Time Enterprise) concept has the value for practical use with the management strategy. Appropriately applied in this study, we propose a 'IoT-RTE Cyclone model' which emphasizes the agility of the enterprise. In addition, based on the real-time monitoring, analysis, act through IT and IoT technology. 'IoT-RTE Cyclone model' that could integrate the business processes of the enterprise each sector and support the overall service. therefore the model be used as an effective response strategy for Enterprise. In particular, IoT-RTE Cyclone Model is to respond to external events, waste elements are removed according to the process is repeated. Therefore, it is possible to model the operation of the process more efficient and agile. This IoT-RTE Cyclone Model can be used as an effective response strategy of the enterprise in terms of IoT era of rapidly changing because it supports the overall service of the enterprise. When this model leverages a collaborative system among enterprises it expects breakthrough cost savings through competitiveness, global lead time, minimizing duplication.