• Title/Summary/Keyword: Ship Act

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A Comparative Study on Seafarers' Industrial Accident Compensation System - Focusing on the German Legislation - (선원재해보상에 관한 비교법적 연구 - 독일의 법제를 중심으로 -)

  • Park, Jun-Mo;Park, Sung-Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.567-576
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    • 2022
  • Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

A basic study on the introduction of safety management system for the deep-sea fishing vessel in Korea (원양어선 안전관리체제 도입에 관한 기초 연구)

  • LEE, Yoo-Won;KIM, Seok-Jae;PARK, Tae-Geun;PARK, Tae-Sun;KIM, Hyung-seok;RYU, Kyong-Jin
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.52 no.4
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    • pp.364-371
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    • 2016
  • The analysis on the international safety management code (ISM Code) and case of foreign national safety management for fishing vessel was conducted to serve as a basic data on the introduction of safety management system (SMS) for a deep-sea fishing vessel in Korea. As a result, Maritime New Zealand (MNZ) has managed operations of SMS in the maritime rules according to the Maritime Transport Act since 1994. MNZ underwent a safe ship management (SSM), which includes elements applied to shipping companies, ship and verification of the ISM Code for ships, except ISM Code application since 1998. In 2014 the introduction of the advanced maritime operator safety system (MOSS) superior to the SSM by MNZ was promoted actively switch and enforcement. Meanwhile, the safe operation manual of Japanese fishing vessel includes large part of the contents of the ISM Code, and voluntary implementation to fit the realities of the fishing vessel. The law application of SMS for a deep-sea fishing vessel after the newly establishment of the Ocean Industry Development Act to SMS would be advantageous to the schematic management, supervision, maintenance and application and, in 2016 from the implementation of maritime safety supervisor for a deep-sea fishing vessel that the management and supervision through the fishing vessel will be the efficient operation. The configuration of the safety management system in a deep-sea fishing vessel should be included as an element of ISM Code. The introduction of such a system is gradually applicable, such as nationality overseas vessel case study of the ISM Code, and vessels that are excluded from the application will be implemented as autonomous as Japan. The results are expected to contribute to sustainable development in the ocean industry safety culture spread throughout the ocean industry through the enhancement of safety fishing competency and safety management responsibility of fisher.

A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

An Analysis of Legal System for Strengthening Actions against Operating Vessels Under the Influence of Alcohol at Sea (해상에서의 선박 음주운항 단속 강화를 위한 법 제도 분석)

  • HAN, Jae-Jin;Jeong, Bong-Hun;Gug, Seung-Gi;Yun, June-Ho
    • Journal of Navigation and Port Research
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    • v.45 no.1
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    • pp.33-41
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    • 2021
  • In the last 5 years, a total of 567 accidents of operating vessels occurred under the influence of alcohol at sea, most of which occurred in fishing boats. Accidents caused by operating vessels under the influence of alcohol at sea are causing human and physical damages. There were 69 accidents caused by operating vessels under the influence of alcohol, leading to five deaths and one missing. The social damage due to operating vessels under the influence of alcohol is also increasing. Under the current law, punishment is given lightly compared to the seriousness of violation. In order to prevent the recurrence of accidents caused by operating vessels under the influence of alcohol, cases in Korea need to be analyzed. Regulations on the crackdown in foreign countries were compared to those in Korea and reviewed. In addition, risks of operating vessels under the influence of alcohol should be provided to ship workers while improving related laws and systems. In addition, efforts should be made to reduce the number of accidents due to operating vessels under the influence of alcohol by strengthening crackdowns on ships at sea so that accidents caused by operating vessels under the influence of alcohol could be prevented in advance in the future.

A study on the implementation plan of deposit system for management of fishing gear (어구 관리를 위한 보증금제 실행방안 연구)

  • Dong-Yang KANG;Seonghun KIM;Kyunghoon LEE;Yoo-Won LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.4
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    • pp.377-386
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    • 2023
  • As discarded fishing gear settles or floats on the seabed, it destroys the spawning and habitat of fisheries resources that causes various safety accidents and adverse effects on the environment, such as generating microplastics and causing ship accidents. In order to solve this problem, this study is intended to present an implementation plan for establishing a fishing gear deposit system in order to use it as basic data for establishing policies for fishing gear management in Korea. In order to successfully implement the fishing gear deposit system, the deposit system must be established in the form of fishing gear completed at the production stage. It was found that the marking of the object should be easy, and that determining an appropriate deposit amount to motivate the return of waste fishing gear and establishing a convenient return procedure for returned waste fishing gear were important factors. In addition, transparent management of unreturned deposits and mandatory use of fishing gear subject to the deposit system for fishermen will be necessary. The role of a specialized organization to manage and operate all of these procedures is also very important. It is necessary to establish a new mandatory provision in the Fisheries Act to require fishermen who directly use fishing gear to use fishing gear with a deposit refund mark, and to ensure the implementation of the deposit system by linking it with the evaluation items of government policy projects. Since the main purpose of the deposit system is to collect discarded fishing gear, a support plan will be necessary in accordance with the purchase project for fishing waste salvaged by local governments in 2020.

A Study on the Establishment of a Specialized Institute for Addressing IMO Agenda (국제해사기구 의제 대응을 위한 전문기관 설립에 관한 연구)

  • Kim, Inchul;Kim, Chol-seong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.4
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    • pp.319-327
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    • 2016
  • Whereas shipping and Ship-building industries of Korea have been under the direct influence of International Maritime Organization (IMO) conventions and resolutions that aim at maritime safety and the protection of marine environment, it is needed that a specialized institute for dealing with IMO Agenda be established by industry-academy-government collaboration. Accordingly, this study proposes the establishment of a specialized institute to manage the IMO Agenda. To this end, integrating the existing bodies and their functions into a specialized institute, namely, the International Maritime Cooperation Center, is suggested. This center, composed of 40 researchers and operated by the Korea Maritime Institute, could assume this role. This study proceeds by building an estimate of the operational cost of the institute and exploring practical ways to finance it through the private and public sectors, also considering revisions to the Maritime Safety Act to ensure continuous operation of the new institute.

A Study on the Countermeasure of Traffic Terror (대중교통테러의 대응방안)

  • Kim, Jin-Hyeok
    • Korean Security Journal
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    • no.14
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    • pp.109-123
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    • 2007
  • Traffic terror is one of the terror types subject on transportation means. However, unlike the aircraft or ship, there is no case of negotiating with passengers as hostage but to unconditionally attack that the human casualty would be much greater. In act, the terror on subway or bus would have much bigger damage than the terror on aircraft or ship. Because of such fact, there is a need for full preparation thereto, however, there is no preparation of advance preventive measure, particularly, when comparing to the cases involving aircraft. In addition, the passengers who use railway and others in the position of citizens do not have any defense mechanism against any terror activity to make the problem even more serious. Therefore, in order to prevent traffic terror, the first thing is to implement the identity confirmation of passengers, followed by the through search of cargos of the passengers, supplement the capability against the terror by the security team members, strengthen the responsive capability of citizens, thorough check on facilities, expansion of social security network and others. All terrors are within the reach of our neighborhood at the time when we neglect it, and the most secured and safe way to prevent the terror is to check and prepare at all times beginning from our familiar facilities or means.

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Comparison of Sound Transmission Loss of Panels Used in Ship Cabins for Field and Laboratory Measurements

  • Kim, Hyun-Sil;Kim, Jae-Seung;Kang, Hyun-Ju;Kim, Bong-Ki;Kim, Sang-Ryul
    • The Journal of the Acoustical Society of Korea
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    • v.28 no.1E
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    • pp.9-15
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    • 2009
  • In this paper, FSTL (Field Sound Transmission Loss) measured in a mock-up simulating ship cabins is studied. A mock-up is built by using 6 mm steel plate, and two identical cabins are made where 25 mm or 50 mm sandwich panel is used to construct wall and ceiling inside the steel structure. Various wall panels and ceilings are tested, where effects of wall and ceiling panel thickness, and presence of a unit toilet on FSTL are investigated. It is found that the effect of unit toilet on FSTL is at most 1 dB. From the comparison of FSTL for panels of the same thickness of 50 mm, it is observed that panel having inside air cavity of 10 mm shows higher STL than that of the panel without air cavity. Comparison of FSTL for panels of 50 mm and 25 mm thickness shows that dependency on surface density predicted by mass law is not observed. The sandwich panels act as a mass-spring system, which shows a resonant mode that cannot be explained by the mass law. It is also found that STL from laboratory test is higher than FSTL by 5- 10 dB, which can be explained by flanking structure-borne noise transmission path such as ceiling, floor and corridor-facing wall.

A Study on Adopting an Ex Post Facto Management System and Reforming the Maritime Traffic Safety Audit Scheme (해상교통안전진단 사후관리제도의 도입 및 제도개선에 관한 고찰)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.7
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    • pp.807-813
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    • 2016
  • The Maritime Traffic Safety Audit Scheme was institutionalized in 2009 to provide for professional surveys, measurement and the evaluation of navigational hazards that might occur in coastal waters in the course of marine work. Related researches that dealt with the reform of the Maritime Traffic Safety Audit Scheme found that there were no rules or regulations for verifying whether marine work conformed to audit results and reviewing the exactitude of ship handling simulations which were a crucial part of the scheme. According to the necessity of adopting an ex post facto management system in the field of maritime traffic, this study analyzed the similar audit acts such as the Natural Environment Impact Audit Scheme and the Road Traffic Safety Audit Scheme, and proposed specific articles for revising Maritime Safety Act in order to break out from the institutional inertia of the current Maritime Traffic Safety Audit Scheme. It is expected that a newly proposed legal system for verifying the performance of audit results and the exactitude of audits will help improve maritime traffic safety by eradicating potentially hidden hazards related to marine work.

A Plain on Operation Improvement according to the Analysis of Radio Field's Environment in Domestic Coastal (연안해역 전파환경의 분석과 운용개선 방안)

  • Yun, Jae-Jun;Kim, Byung-Ok;Choi, Jo-Cheon
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • v.9 no.1
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    • pp.1117-1124
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    • 2005
  • The radio field environment is very different according to frequency band, therefore communication condition is equation that VHF is passed by direct radiation and HF is via reflect radiation in ionosphere. Load a ship according to the enforcement regulations of the ships safety act have specificated the radio equipment that should be operating. This paper have analysed by the simulation program about radio field environment for research the communications condition, which is VHF & HF band in domestic coastal. We have Predicted to radio field environment and communications condition using the data of analysis and domestic radio regulation regard to coast navigational ship. Therefore have proposed the necessity for rationally plan on improvement the radio regulation and network cooperation of VHF radio station.

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