• 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.28 no.5
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• pp.800-808
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• 2022

The International Maritime Organization adopted the interim standards for ship maneuverability in November 1993 for preventing collision of ships at sea and for protecting the marine environment, and based on the accumulated data, in December 2002, the established standards for ship maneuverability were adopted. However, the standards adopted are those at full load, even keel, and at least 90 % of the ship speed at 85 % of the ship's maximum power. Moreover, these standards have limitations in providing information on maneuverability under actual navigational conditions. Therefore, in this study, frequency analysis AHP analysis techniques were studied by consulting navigational officers, captains, and experts, who have significant knowledge on ship maneuverability, utilization of the current standards, and the information necessary for the operation of the actual ship. The results of this study confirmed that the necessary information on maneuverability for the navigational officer operating the vessel is information about the turning circle at a small angle of 5°-10° and z-test information at maneuvering speed, not sea speed. Additionally, in relation to speed control, additional information on deceleration inertia and acceleration inertia is needed than the information on the stopping ability at sea speed and full loaded condition. The derived results are considered to be useful as basic data for preparing guidelines for ship maneuverability necessary for navigational of icers who operate ships.