• Proceedings of KOSOMES biannual meeting
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• 2018.06a
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• pp.51-51
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• 2018

• Ocean policy research
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• v.33 no.2
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.297-324
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• 2016

China not only has the largest amount of rare earth reserves, but it also produces the most rare earth products. However, China lacks appropriate supervision and management systems of its rare earth industry. The Chinese government's inappropriate mechanisms have been cause for reckless development by national rare earth providers characterized by excessive competition, environmental pollution, and smuggling. In response to the problems, China implemented regulatory measures to restructure the rare earth industry. The Chinese central government intensifies its efforts to control the total quantity of rare earth products and tackle environmental pollution. Six leading conglomerates have been selected to promote the Chinese central government's policy. A new environmental guideline has been drawn up to reduce the discharging of wastewater and air pollution substance. Huge transition and a great influence of its policy changes are expected. These policy changes are bound to entail huge transitions, and the policy is expected to have a great influence in the future structure of the rare earth industry. In consideration of these changes, the Korean government, in collaboration with private enterprises needs to take appropriate measures, such as overseas resources development, R&D expansion, tactical stockpiling, professional manpower training and so on.

• Proceedings of KOSOMES biannual meeting
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• 2007.05a
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• pp.187-194
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• 2007

In order to control and manage oil-tanker scrapped materials and wastes properly, the actual conditions and global trends of the treatment and the management of ship scrapped wastes were surveyed and some amendments to marine pollution prevention law of Korea were proposed. Global annual volume of scrapped ships was estimated to be about 22 million DWT and most of them were scrapped in 4 major ship scrap countries such as Bangladesh, China. India and Pakistan and in minor ship scrap countries such as Turkey, the Philippines, Indonesia and Vietnam. The industry of ship scrap has been mainly developed in developing countries or undeveloped countries rather than in advanced countries. Most of scrapped ships were found to be small or medium size below 1,000 GRT In Jellanam-Do and Jeju-Do of Korea. Most of ship scrap enterprise and all enterprises of collection, transfer, treatment and disposal for ship scrapped materials and wastes were shown to be small sized in Korea. The regulations and/or rules which shall prohibit or limit trans-boundary movement of overage oil-tankers for scrap from Korea to developing or undeveloped countries, and vice versa should be Included in marine pollution prevention law of Korea. the criteria of manpower and facilities for enterprise of ship scrap, and for enterprises of collection, transfer, treatment and disposal of ship scrapped materials and wastes should be stipulated in marine pollution prevention law of Korea. It is desirable to introduce the system or concept of recycle or reuse of ship scrapped materials and wastes on producer's responsibility into marine pollution prevention law of Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.6
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• pp.694-700
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• 2018

Korea has disposed of medium and low level radioactive waste generated by operating nuclear power plants permanently through the radioactive waste repository located in Gyeongju. However, the maritime transport of radioactive waste is exposed to the risk of marine accidents, and it will be necessary to introduce a system to secure safety from the viewpoint of the function and role of the Korea Coast Guard. Especially, Korea is affected by large-scale marine accidents, such as the Hebei Spirit or Sewol accidents. From this point of view, we analyzed the current status of Korea radioactive waste shipping and examined the response systems of major foreign countries. As a result of examining major cases of accidents, we have operated an Emergency Towing Vessel (ETV) fleet centering on European countries in order to respond urgently to marine casualties that may have social, regional and international effects, such as accidents of similar nuclear material carriers and dangerous cargo ships. It proves a partial effect. Based on this, we propose the introduction of the Korean ETV System. In other words, it is necessary to respond to large-scale marine accidents that could lead to enormous environmental, property, and personal damage, such as marine accidents involving nuclear material ships, large oil tankers, and large passenger ships. For this, it seems necessary to introduce Korea ETV, which can carry out emergency towing, oil pollution control function, large - scale rescue equipment and manpower. This will lead to the enhancement of the Korea Coast Guard response to marine accidents, and will not miss the golden time of the initial response to the national disaster, which will help protect precious people, property and the environment.