• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.200-200
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• 2017

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.213-236
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• 2011

Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.1
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• pp.221-234
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• 2016

Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.4
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• pp.376-384
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• 2017

Ship's Bunkering Business is one of the essential businesses creating added values of the port as a hub for a stream of the international logistics. Regulatory considerations of ship's bunkering business should be made to create a more relevant system and stabilize the bunkering industry so that the ports may produce more substantial added values. This paper suggests revisions the Harbor Transport Business Act, the Marine Transport Act, putting forward an idea of unifying safety management systems, establishing a guideline for bunker quality managements, and changing the laws regarding any wrongdoings of bunker suppliers. In conclusion, in order to increase the managerial integrity of the bunkering operators, reasonable burdens should be distributed across the government, refinery companies and ship-owners to achieve a more balanced state and enable long-term development to advance the business at issue, following a step-by-step approach to amend the contract practice, the laws and the systems.

• Journal of the Korean Institute of Navigation
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• v.14 no.3
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• pp.63-73
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• 1990

Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

• Journal of Navigation and Port Research
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• v.41 no.6
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• pp.359-364
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• 2017

This study examined business acts related to leisure boats, so as to investigate the differences of regulations and things to be supplemented, as well as to suggest improvement measures. In order to achieve this purpose, the authors analyzed the respective legislations. The Acts on businesses using leisure boats(or power-driven water leisure crafts) are the Marine Transportation Act, Excursion Ship and Ferry Business Act, Water-Related Leisure Activities Safety Act, and Act on the Development, Management, etc. of Marinas. These Acts have differences in regulations, in terms of gross tonnage, the age of vessels, crewman, and the liquor traffic. These differences can cause problems such as adjusting the gross tonnage of the vessel by modifying the structures of the facilities, assigning old vessels, sailing without crewmen required for safety, and going against fairness in the liquor traffic in similar businesses. Such differences appeared to be caused by the lack of understanding of leisure boats and the series of new legislation which have been added one by one. It is required to raise the understanding on the characteristics of leisure boats and reflect them in the legislation.

• Journal of Korea Ship Safrty Technology Authority
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• s.23
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• pp.14-36
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• 2007

In order to prepare for the enforcement of the "ransportation Services Improvement Act for the Mobility Handicapped People" which was passed in parliament in Dec. 2004, various equipments and installations need to be developed to ensure appropriate level of safety for the mobility handicapped to use maritime transport. In this paper, we investigated the current status of domestic passenger vessel usage by the mobility handicapped, to analyse the requirements for amenities necessary for the mobility handicapped and developed accessibility guidelines for amenities for the mobility handicapped persons in order to prepare for the enforcement of the "ransportation Services Improvement Act for the Mobility Handicapped People"

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.201-201
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• 2017

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.83-90
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• 2022

About 90.5 % of barge-towing tugs weigh less than 200 gross tonnage and most are served by the master alone. They are also not subject to the regulations on the working hours and manning levels stipulated in the Seafarers' Act. Therefore, the master of barge-towing tugs cannot take sufficient rest during the navigational watch. Moreover, barge-towing tugs do not satisfy the human seaworthiness due to the inevitable performance of the navigational watch which must be alternately undertaken with an unqualified person, called the "Boatswain". Furthermore, there are many cases in which the master or owner of a tug fails to comply with the additionally required minimum manning levels stipulated in the Ship Of icers' Act when a tug tows a barge. This study reviews the following: (1) the regulations on the working hours and manning levels that are stipulated in the Seafarers' Act, (2) the regulations on the minimum manning levels for ship of icers of the tug's deck part that are stipulated in the Ship officers' Act, (3) marine accidents in the barge-towing tugs. As a result I suggested that one additional deck officer should be on board when a tug tows a barge through the revision of the minimum manning level for ship of icer on the deck part in order to prevent marine accidents of tugs effectively. Especially, the Act on the Punishment, etc. of the Serious Accident came into effect on January 27, 2022. If marine casualties occur continuously at sea due by the same cause, and the cause of such marine casualties would be turned out by the fatigue of the ship of icer caused by insufficient institutional arrangements, the administrator of competent Authorities of Maritime and Port could be punished, so it seems to prepare for it.

• Journal of the Society of Naval Architects of Korea
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• v.44 no.3 s.153
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• pp.285-295
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• 2007

In order to ensure safety of small vessels, the amended Ship Safety Act will come into force on 4th. Nov. 2007. This study is performed to suggest the stability criteria of fishing vessels and cargo ships of 12m in length and over but less than 24m in length which will be new object of amended Ship Safety Act. We have analyze the dimensions of domestic small vessels and the casualty reports of capsizing accidents. According to the analyzed result, 58 ships that are in the range of the dimension are modeled and the stability calculation has been carried out. The Stability for the 58 ships has been analyzed by comparing the result that applied the selected standard in the national standard to the stability calculation. Based on the regression analysis of the model ship's allowable transverse metacentric-heights under several stability requirements, stability criteria for small fishing vessels and cargo ships are proposed.