• 무역상무연구
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• 제14권
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• pp.153-176
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• 2000

The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

• 한국항만경제학회지
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• 제29권4호
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• pp.27-53
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• 2013

용선계약에서 정박기간은 확정할 수도 있고 미확정인 상태로 그 항만의 관습적인 방법에 따라 선적 및 양하를 행하는 것이 일반적인 관례이다. 항만설비나 기타 제반 여건이 좋아 하역작업이 조속히 이루어 질 수 있는 상황이라면 선주는 그 항만의 관습에 따라 행하는 하역작업을 허용할 수도 있으나, 항만이 신설되거나 여건이 좋지 않을 경우 일정한 기한 내에 작업을 행하도록 용선 계약상에 명문화 하는 것이 통상적인 운송계약방식이다. 그 이유는 용선자나 선주가 조속한 하역작업을 위해 각자의 권리와 의무에 최선을 다하고, 가능한 조속히 하역을 완료하여 선박이 항만에서 체류하게 되는 시간을 최소화시켜 운항효율성을 제고하는 한편, 그에 따라 운임과 항만비용 등 제반 운송비용을 절감함으로써, 용선자나 선주가 공동의 이익을 실현할 수 있기 때문이다. 이러한 기한부 하역조건에는 용선계약의 양식과 화물의 종류 등에 따라 매우 다양하게 표한할 수 있다. 그러나 이러한 용어에 관하여 용선자나 선주의 명확한 이해부족으로 많은 분쟁이 발생한다. 따라서 본고에서는 용선계약에서 언급되는 기한부 하역조건 또는 정박기간의 조건을 영국법의 판례로 살펴보고 그에 따른 법적의미와 해석기준을 제시하여, 국제무역과 해운기업의 실무에 도움이 되고자 한다.

• 해양환경안전학회지
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• 제23권4호
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• pp.376-384
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• 2017

선박급유업은 국제물류흐름의 허브인 항만의 부가가치 창출을 위한 핵심적인 사업 중의 하나이다. 선박급유업의 법 제도적인 개선을 통하여 급유산업의 안정화를 도모하여 항만이 실질적으로 부가가치를 창출하는 기능을 수행할 수 있도록 해야 한다. 이 논문에서는 항만운송법과 해운법의 개정, 안전관리체계의 일원화, 선박유 품질관리를 위한 지침제정, 선박급유업자의 불법행위에 대한 관리 및 법 개정에 대한 대책을 제시하고 한다. 결론적으로 선박급유업의 경영 안정화 및 중장기 발전을 위하여 정부, 정유사, 급유선 선주 등이 주체별로 역할을 분담하여 할 것이며, 선진화를 위해서 단계적으로 계약체계 및 법 제도의 개선을 추진해야 할 것이다.

• 대한조선학회논문집
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• 제50권3호
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• pp.145-152
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• 2013

Recently, with oil price jumping and environmental issues, Green ship is paid deep attention to by ship owner, operator, builder, class and government. Fuel efficiency and reduction of $CO_2$ emissions are expected to have a strong influence on the design and operation of merchant ships. Many ship owners and operators are seeking the more economic method by the best operating route and the application of reliable and effective energy saving devices. With the Energy Efficiency Design Index (EEDI) in 2013 attention will more than ever be focused at achieving maximum fuel economy in the hydrodynamic design of hull forms, their appendages and propellers. IMO requirements for $CO_2$ emission for ships will now be implemented for vessels ordered from 1st January 2013. So far, a lot of new idea and patents have been proposed, tested, claimed and applied for various kinds of ship type. This paper shows numerical and experimental work related to a study on a energy saving devices particularly for fuller ship such as merchant vessel of Tanker and Bulker. From the bare hull wake measurements, typical upper/lower asymmetry of hull wake at the propeller disk was found. The pre-swirl duct have been designed and reviewed to recover the loss of propeller running in that condition. The general function of the pre-swirl duct was set to work against this asymmetry of wake and generate pre-swirled flow into the propeller against the propeller rotating direction.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2002년도 춘계학술대회논문집
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• pp.39-51
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• 2002

Online exchange is a cost-effective approach to trade goods and information among multiple sellers and buyers. Shipping industry includes lots of global entities such as shippers, liners, ship owners and shipping agents. Marine insurance companies and ship repairers and many other groups are also supporting the industry. However, international shipping exchanges are located on few cities in the world. Its our motivation that a shipping market can be online so that market participants do the dealing while sitting where they are with more efficient manner, preferable price and larger pool of candidates of trading partners. This paper presents Korean governmental project of building a cyber shipping exchange. The exchange covers ship sale and purchase, charter, insurance, freight futures, repairs, supplying of ships oil and database service. The workflows of each business were analyzed and designed to fit for online environment. The project includes design of trading mechanism, online documents, data flow, data storage and security. Online match making and trading mechanisms such as auction, reverse auction, bid are used. The whole trading process involves multiple organizations and business processes. So, this Paper focuses on how each organization would play their roles so that users can complete transactions with integrated and transparent view. The online exchange selves also as maritime portal site that links to other sites for cooperation vertically or horizontally, and serves database and information in global perspective. This paper also issues and discusses the justification of an online shipping exchange

• 대한조선학회논문집
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• 제57권3호
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• pp.152-159
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• 2020

Ship owners had pursued higher benefits by demanding the new design and construction of ships with higher operational efficiency. There was a necessity for shipyards to suggest a more economical design and advanced operation concept in order to meet the demands. Especially, since BOG combustion and activation of the re-liquefaction unit had to be taken into account in ship design in addition to fuel oil and gas consumption, the evaluation of the operating efficiency considering the technological trends was necessary. In this paper, it was aimed to study the design philosophy and operation strategy by considering the effect of fuel oil and gas consumption, BOG combustion, and activation of the re-liquefaction unit on the operating cost for laden voyage according to ship speed, BOR, and activation of the re-liquefaction unit. For this purpose, the costs were acquired by conducting the sailing simulation of an LNGC based on a mathematical model including the maneuvering equations of motion. The design philosophy and operation strategy was reviewed in terms of the operating cost.

• 한국항해항만학회지
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• 제37권6호
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• pp.689-697
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• 2013

체선료는 운임의 일종으로서 항만에서 선박의 체항에 따른 시간적 손실에 대한 보상이다. 통상적인 항해용선계약에 따르면 체선료의 책임은 반대의 문언이 없는 한 용선자에게 있는 것으로 추정된다. 그러나 실무에서는 용선자의 책임이 제한되거나 송하인 또는 수하인 등 제3자에게 이전되어 선주가 체선료 확보에 어려운 상황에 직면하게 되는 경우가 빈번하게 발생되고 있다. 본 연구에서는 용선자, 송하인, 수하인, 선하증권의 배서인, 기타 이해당사자 간의 체선료지불 책임에 관한 문제를 영미법의 사례를 중심으로 살펴보고, 그 결과에 따른 시사점을 도출하여 선주나 용선자의 실무에 도움이 되는 방안을 제시한다.

• 대한조선학회논문집
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• 제54권2호
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• pp.161-169
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• 2017

Recently, ship owners have been requiring the assessment of the maneuverability of twin-screw ships under mechanical failures. Because this kind of assessment has not yet been conducted, it is necessary to study the types of machinery failures that can significantly affect the maneuverability of a ship, and to construct a procedure to simulate the maneuvering behavior under such failures. In this paper, the sole focus is the steering system failure from among the variety of failure types, and the maneuvering behavior of the ship under the single rudder failure is simulated for an investigation of the unique characteristics. First, the mathematical model for the twin-screw container ship is verified by comparing the simulated results for the $35^{\circ}$ turning test, $10^{\circ}/10^{\circ}$ zigzag test, and $20^{\circ}/20^{\circ}$ zigzag test under the normal operating condition with those obtained from free running model tests. After the IMO maneuvering tests are additionally simulated under the single rudder failure, the results are reviewed to investigate the maneuvering characteristics that are due to the failure. Further, the $35^{\circ}/35^{\circ}$ zigzag test and the $35^{\circ}$ turning test are simulated to additionally investigate the effects of the single rudder failure on the steering and turning abilities.

• 한국항해학회지
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• 제18권2호
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• pp.129-149
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• 1994

Sea casualties may happen in ship, cargo and the others concerned with sea transportation. : the shipo-wer, marine insurer and salvage company have been endeavored to compensate salvage award with some rule and regulation such as Marine Insurance Act, York Antwerp Rules and Average adjustment rules. Once sea casualties happened, the salvage contract is established between the owners, marine insurance and salvage company, the contract are divided into so many kinds of them. In this paper, we have an analysis on the character of the salvage contract whether the characteristic contents of them are in benefit to any party or not. In this connection with these positive or negative character of the contract, it is worthwhile to compare the actual salvage expenses contract with no cure no pay contract. LOF 1990 has been revised recently, which is based on no cure no pay, expecially, the special compensation, safety net clause of LOF 1990 could be understood in the view of the prevention of sea pollution and the preservation of sea circumstances in the world. Salvage has the complicated and quality, because the adjustment of almost salvage charges have been treated through the other sea casualties which is accompanied by and mixed with. Besides of the importance of salvage contracts, we are in need to understand that what the diversified character of salvage charges are. Furthermore the owners should carefully select the insured conditions on Hull Insurance according to the type of his company, operating ocean route, loading cargo and etc. In this paper, we would try to analyze the character of the salvage award such as General Average, Sue and Labour Charges and Particular charges. We would like to propose that the uniformed system of the salvage award. Compensation should be built up for the effective and efficient salvage operation and for reducing the claims and conflicts from the concerned parties. To this end, we could expect that the uniformed system for salvage award compensation will come to be the benefit of all owners, insurers, salvage company.

• 대한조선학회논문집
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• 제51권4호
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• pp.283-290
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• 2014

Environmental changes, especially global climate change, are creating new routes to reduce a shipping service distance in Arctic area. The Arctic routes are shorter than 60% of existing ways Panama or Suez canal). For this reason, ship owners prefer to navigate in Arctic area and a transportation of goods though the Arctic area is increasing. But the low temperature in Arctic condition changes the material properties. Especially, the material will be brittle and strength will increase. And an ultimate strength analysis of ship stiffened panels is changed depending on temperatures. In present study, the ultimate strength analysis of stiffened panels in double hull oil tankers is performed under various low temperatures with the material properties obtained by tensile coupon test. The analytical method as named ALPS/ULSAP was used for analysis method and 6 kinds of temperature (20, 0, -20, -40, -60 and $-80^{\circ}C$) were considered to investigate the effect of Arctic conditions.