• 정보학연구
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• 제8권2호
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• pp.27-42
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• 2005

The S.G. Policy form contains the words "the good ship or vessel called the.....". The words "good ship" mean that the ship is deemed to be seaworthy at the commencement of the voyage and this was very necessary in the day when a separate policy was issued for each voyage. In fact the warranty do seaworthiness still applies to all voyage policies. Nevertheless, the law does not apply an absolute warranty of seaworthiness to a time policy, so a ship is not required to be seaworthy at the time the hull policy is effected. The implied warranty of seaworthiness does not extend to good, for the underwriter is not responsible for their condition, apart fro the action of the perils insured against. The implied warranty of seaworthiness is limited to the vessel herself, and does not extend to a lighter or other craft used to convey the goods to the ship. The underwriters waive any breach of the implied warranties of the seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the assured or their servants are privy to such unseaworthiness of unfitness.

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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• pp.94-97
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• 2005

Seaworthiness is an important part of the carrier's obligation in the carriage of goods by sea. Especially seaworthiness of the ship is one of the most important obligations of the carrier in the field of international transport law. Therefore it will be important to examine the expected impacts by adopting a continuing duty of seaworthiness in UNCITRAL Draft Instrument from the Korea point of view because Korean Commercial Act provides that carriers are only obliged to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage. This paper examines the concept of the seaworthiness and analyses the provisions of the Draft Instrument for the duty of seaworthiness in comparison with the Korean Commercial Act.

• 수산해양교육연구
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• 제6권1호
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• pp.45-57
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• 1994

One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

• 한국항만경제학회지
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• 제22권2호
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• pp.83-108
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• 2006

Regarding the ocean carrier's responsibility for damage indemnification, both his or her duty of care and reason of legal exemption have been considered important. The International Convention for the Unification of Certain Rules relating to Bills of Lading also provides that the ocean carrier indemnifies for the loss or damage of freight on the basis of the principle of liability with fault. In other words, the carrier assumes responsibility only for the loss or damage of freight which is under his or her control and whose safety must be carefully maintained by him or her. The carrier's duty of care which is required for freight safety in accordance with the convention is associated with two themes, seaworthiness of vessel and freight itself. To make ocean freight shipping effective necessities the seaworthiness of the ship that will conduct the shipping service under its responsibility. This will ultimately lead to making the service impressive to the shipper as freight owner. Thus the purpose of this study is to contribute to more reasonable shipping by the shipowner or the carrier who needs to ensure seaworthiness of vessel, and prevent unseaworthiness that may be incurred in accordance with freight characteristics. For the purpose, this paper reviewed the meaning of seaworthiness of vessel through a juridical approach to its causal relationship with ocean freight shipping.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2019년도 추계학술대회
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• pp.270-270
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• 2019

관성측정장치(Inertial Measurement Unit)는 선박, 잠수함, 항공기 등 여러 응용분야에서 적용되어 자세 측정 영역에 주로 사용되고 있지만, 이런 장비는 고가의 장비이기 때문에 특수 분야에서만 한정적으로 이용되어 왔다. 본 연구에서는 저가의 관성측정장치(Inertial Measurement Unit)를 이용하여 실시간으로 선박의 속도와 방향, 중력, 가속도를 측정함으로써 선박의 감항성을 확인하며, 더 나아가 실선 선박의 저항 및 조종성능 추정을 위한 유체력 미계수 추정을 위한 연구방법을 고안하였다. 이에 본 연구는 실제 해상에서 선체 운동요소를 계측하고, 계측된 데이터의 처리 및 해석을 통하여 선박의 종합적인 안전성 평가 및 실선의 저항 및 조종성능 추정을 행하였다.

• 대한안전경영과학회지
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• 제16권3호
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

• 한국항해학회지
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• 제8권2호
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• pp.51-70
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• 1984

In the North Pacific Ocean a lot of large waves set up in winter, affected by continued winds and swells owing to severe extratropical cyclones. Under this sea condition, if the ship is about 100,000L/T (in deadweight capacity tonnage), we can't find the danger involved in the ship at sea apparently. But when we compare the seaworthiness of ship's building strength with the stress given to the hull by waves, we can't insist that the former be more stronger than the latter. As a result, VLCC is in danger of destroying and cutting for lack of longitudinal strength in heavy weather. Up to this time, Naval Architects have actively studied the relation between ship's longitudinal strength and waves as a ship's projector; however, actually, they have never made more profound study on the problem of longitudinal strength in relation to navigation. The main puprpose of this thesis is to clarify these vivid actual states of ship's trouble unknown to ship's masters. In this thesis we picked up VLCC Pan Yard, a vessel of Pan Ocean Bulk Carrier company's, as a model ship. And in the North Pacific Ocean, we have chosen for this research the basins where the wind speed and the wave height are greater than average. The data used this thesis are quotes from the "winds and waves of the North Pacific Ocean('64-'73)", and wind speed more than 30 knots was made use of as an ocject of this study. By usinh the ITTC wave spectrum, we found out the significant waves for every 5 knots within the range of 20 knots to 45 knots of wind speed. According to this H1/1000 was calculated. The stress of ship's hull is determined by ship's speed and wave height. We compared the ship's longitudinal strength with a planned wave height by rules of several famous classification societies in the world. In the last analysis, we found out that ship's present planned strength in heavy weather is not enough. Finally we made a graph for avoiding heavy weather, with which we studied safe ship's handling in the North pacafic Ocean in winter.

• Journal of Korea Trade
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• 제25권2호
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• 한국항해학회지
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• 제22권2호
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• pp.89-98
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• 1998

In the field of research of seakeeping quality, much development has been made incent years using the method of calculation based on the strip theory. It is indispensable to grasp quantitatively the seaworthiness of a ship in order to draw correct design at initial stage and to perform proper operations at sea services. In this paper, the responses of three fishing vessels are calculated using statistical and spectral analyzing method to get the characteristics of the motion response. From the theoretical result we know that the significant values of the pitching and rolling motion can be signiicantly affected by not only the ship's tonnage but also the mean wave period in spite of the similar sea environment. So we can apply these expected results to the safe maneuvering and fishing operations in rough weather conditions by combining environmental circumstance with the stability condition of vessels.

• 해양환경안전학회지
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• 제29권4호
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• pp.307-315
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• 2023

우리나라는 기상 악화 속에서 감항성이 확보된 선박만이 항해할 수 있도록 선박출항을 해사안전법에 근거하여 통제하고 있으나 통제 대상선박 지정에 대한 과학적 평가 결과 및 정량적 근거가 미비하여, 항행안전의 확보와 합리적 출항통제 운영을 위한 개선 의견이 제기되고 있다. 본 연구는 풍랑 주의보 발효 시 주요 통제대상 선종인 예인선의 실선계측을 통해, 현행 출항통제 기준의 적정성을 평가하고 현실성 있게 개선될 수 있도록 정량적 근거를 제시하는 것에 연구 목적이 있다. 이를 위해 예인선에 선박의 3축 운동과 선체가속도를 측정하는 Sensor를 설치하여 유의파고 3m인 해역 내에서 운항하여 선체운동 성능을 계측하였고, 계측된 수치를 내항성능 평가요소 및 한계 값 기준을 바탕으로 비교 분석하였다. 실측 선박은 톤수에 따른 현행 통제기준에서 제외되었으나, 분석 결과 Pitch 값이 Operation 기준을 넘어 항행안전에 위험성이 존재하였다. 본 연구 결과는 선박 출항통제 대상에 대한 검토와 다양한 선종 및 제원을 대표할 수 있는 추가적 실측연구가 필요함을 시사한다.