• The Journal of Information Technology
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• v.8 no.2
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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.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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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.

• Journal of Fisheries and Marine Sciences Education
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• v.6 no.1
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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.

• Journal of Korea Port Economic Association
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• v.22 no.2
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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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2019.11a
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• pp.270-270
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• 2019

Although the Inertial Measurement Unit is applied to a variety of applications such as ships, submarines, and aircrafts, it is mainly used in the attitude measurement area. But since such equipment is expensive, it has been used only in special fields. In this study, the ship's seaworthiness is verified by measuring the speed, direction, gravity, and acceleration of the ship in real time using a low-cost Inertial Measurement Unit. A research method for estimating fIuid force coefficients was devised. Therefore, this study measured ship motion factors at sea, processed and analyzed the measured data, and evaluated the overall safety of the ship and estimated the resistance and steering performance of the ship.

• Journal of the Korea Safety Management & Science
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• v.16 no.3
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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.

• Journal of the Korean Institute of Navigation
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• v.8 no.2
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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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• v.25 no.2
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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.

• Journal of the Korean Institute of Navigation
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• v.22 no.2
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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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.4
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• pp.307-315
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• 2023

Korea controls the departure of vessels based on the Maritime Safety Act such that only ships with seaworthiness can navigate in bad weather, but scientific evaluation results and quantitative basis for the designation of ships subject to control are insufficient. Opinions for improvement are being raised for a reasonable departure control operation. The purpose of this study is to evaluate the adequacy of the current departure control standards through actual measurement of tugboats, which are the type of vessels subject to control when a wind and wave advisory is effective, and to present quantitative grounds for improvement of controls. A sensor was installed on the tugboat to measure the ship's three-axis motion and hull acceleration, and the hull motion performance was measured by operating in the sea area with a significant wave height of 3 m. The measured values were compared and analyzed based on seaworthiness evaluation factors and limit value standards. The actual ship was excluded from the current control standard according to tonnage, but as a result of the analysis, the pitch value exceeded the operation standard, and a risk to navigation safety existed. The results of this study suggest the need for additional actual measurement studies that can represent various ship types and specifications and review ship departure control targets.