• Journal of Navigation and Port Research
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• v.38 no.6
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• pp.629-636
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• 2014

To minimize secondary damages from marine environment pollution resulting from marine accidents, International Maritime Organization(IMO) adopted "Guidelines on Places of Refuge(POR) for ships in need of assistance" as Resolution A.949(23) in it is 23rd General Assembly in 2003 and recommends Parties to the Organization designate PoR. This resolution suggests that they establish a "Decision-Making process" so as to provide reasonable PoR when disabled ships request use of PoR. Korea has not been performed introduce a PoR system in the country. Therefore, there is no decision-making process to deal with ships which need PoR. When Korea implements the PoR system in the future, the nation should establish a Decision-Making process to provide reasonable PoR in case ships in need of assistance request for PoR. In order to present what should be considered in the process of establishing a Decision-Making process for PoR in Korea in the future, in this study presents matters which should be considered in the process of founding PoR Decision-Making processes. When Korea tries to conduct POR system so that other countries' PoR Decision-Making process and the relating process of IMO and REMPEC (Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea) were investigated and analyzed. In addition, in times of marine accident in Korea's sea areas, Korea's action manuals for marine accident which regulates management for an accident is analyzed and articles will be presented to be taken into account during establishing final PoR Decision-Making process.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.158-159
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• 2023

With the development and state-of-the-art of ocean satellites, wide-area management of the waters around Korea has become possible. In particular, in the field of ship operation, as autonomous navigation technology based on artificial intelligence and big data is being developed, there is a need for additional analysis and observation through ocean satellite data.. Researches that can combine ship operation with ocean satellite data include ship detection based on ocean satellites and ship navigation assistance using marine weather forecasting.

• Journal of Navigation and Port Research
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• v.38 no.4
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• pp.357-366
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• 2014

On December of 2003, IMO's $23^{rd}$ Assembly discussed 'Guidelines on places of refuge for ships in need of assistance' At the discussion, Res. A.949(23) has been selected to appoint recommended place of refuge for countries signatory to the IMO Convention. IMO defines "Places of Refuge" as a places where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation, and to protect human life and the environment. Appointing and managing a Place of refuge can be a delicate problem because of its close connection to each country's coastal and environmental protection policies. However, in case of marine accident, the appointment or management of the place of refuge has a potential to avoid further damage and reduce to the minimum any environmental and estate losses. Currently a number of foreign countries, designated and operated a place of refuge. But, place of refuge selected method criteria were different by country and also does not have any standardized designating place of refuge model. Therefor, this study suggested the model of assigned places of refuge according to objective indication in order to assign reasonable and efficient places of refuge in domestic waters in the future by investigating and analyzing imported facts in considering the assignment of places of refuge in foreign countries and describing these imported data into quantitative value. In designating the model place of refuge, the final place of refuge location was presented by evaluating the probability of marine accidents, analyzing the location, and evaluating the supporting establishment.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.3
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• pp.235-241
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• 2012

A huge marine accident causes a loss of valuable lives, property and the serious marine environment pollution. IMO adopted resolution A.949(23) to provide Places of Refuge(PoR) to 'Ship in need of assistance', which is to minimize the secondary environmental pollution caused by marine accidents. If the level of risk exceeds a certain range, it is necessary to be designated as Places of Refuge(PoR) after evaluation of potential risk, which is based on the database of several marine environmental factors. Also, it is necessary to develop skills about quantification/standardization of vessel traffic safety, complexity and risk. Because there is the close relation between the problem of designating Places of Refuge(PoR) and the policy of nation for protecting the natural environment of coastal state, it is important to prepare related legislation. In this paper, introduction of Places of Refuge(PoR) in domestic areas have been suggested based on the analysis of several foreign designating cases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.3-41
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• 2011

In this article, the author have studied on main revisions and some recommendations of the Incoterms(R) 2010. Main revisions are as belows. 1. Two new Incoterms rules -DAT and DAP- have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. 2. New classification of the Incoterms(R) 2010 are adopted. First class is Rules for any mode or modes of transport(EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class.) and second class is rules for sea and inland waterway transport(FAS, FOB, CFR and CIF belong to this class.). 3. Incoterms(R) 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. 4. The Guidance Notes and Introduction are not part of the actual Incoterms(R) 2010 rules. 5. Under the FOB, CFR and CIF, all mention of the ship's rail as the point of delivery has been omitted in preference for the goods being delivered when they are "on board" the vessel. 6. Incoterms(R) 2010 rules include the obligation to 'procure goods shipped' as an alternative to the obligation to ship goods in the relevant Incoterms rules. 7. Incoterms(R) 2010 rules give electronic means of communication the same effect as paper communication. 8. Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances. such as chain-of custody information. Some recommendations are as belows. 1. The parties must incorporate the Incoterms(R) 2010 rules into their contract of sale. 2. The parties must choose the appropriate Incoterms(R) 2010 rules. 3. Specify the place or port as precisely as possible in their contract of sale. 4. Remember that Incoterms(R) 2010 rules do not give the parties a complete contract of sale. 5. Incoterms(R) 2010 rules do not prohibit alteration of Incoterms rule, but there are dangers in so doings. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract.

• Proceedings of the KIEE Conference
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• 2005.10b
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• pp.478-480
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• 2005

The AIS(Automatic Identification System) transmits the position of ships and other information to prevent accidents which could occur in the sea. It has to be developed SOTDMA(Self-Organized Time Division Multiple Access) Algorithm which is important on wireless communication method for the AIS because It is based on ITU(International Telecommunication Union) M.1371-1 of the international standard therefore, we need to develop a performance evaluation simulator efficiently to develop and analyze SOTDMA Algorithm. This paper shows the method of designing it. Real ships access The VHF maritime mobile band but in this performance evaluation simulator several ship objects access the shared memory. Real ships are designed as the object and the wireless communication channel is designed as the shared memory. The ships apply for real virtual data which got from assistance hardware and The SOTDMA Algorithm driving state verifies the performance evaluation simulator by IEC(International Electrotechnical commission) 61993-2. After verifying results the performance evaluation simulator is correctly satisfied with IEC 61993-2. So we expect that it helps not only the AIS technology developed but also verify new SOTDMA Algorithm.

• Proceedings of the KIEE Conference
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• 2005.07d
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• pp.3037-3039
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• 2005

The AIS(Automatic Identification System) transmits the position of ships and other information to prevent accidents which could occur in the sea. It has to be developed SOTDMA(Self-Organized Time Division Multiple Access) Algorithm which is important on wireless communication method for the AIS because It is based on ITU(International Telecommunication Union) M.1371-1 of the international standard therefore, we need to develop a performance evaluation simulator efficiently to develop and analyze SOTDMA Algorithm. this paper shows the method of designing it. Real ships access The VHF maritime mobile band but in this performance evaluation simulator several ship objects access the shared memory. Real ships are designed as the object and the wireless communication channel is designed as the shared memory. The ships apply for real virtual data which got from assistance hardware and The SOTDMA Algorithm driving state verifies the performance evaluation simulator by IEC(International Electrotechnical commission) 61993-2. After verifying results the performance evaluation simulator is correctly satisfied with IEC 61993-2. So we expect that it helps not only the AIS technology developed but also verify new SOTDMA Algorithm

• Journal of Environmental Policy
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• v.8 no.1
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• pp.97-127
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• 2009

In Germany, North Sea and East Sea possess significant meaning in many aspects. North coast has an important economical significance to North Sea Gulf States. There are a number of harbors and manufacturing facilities in this area. Agriculture is also developed. East sea, where sea water and river water mingle. has a problem that it can not control harmful substances as fast as the North Sea due to its geographical location of being connected with the North Sea as a narrow water. To protect from big and small ship accidents and pollution sources, East Sea and North Sea have enacted HELKOM Convention and OSPAR Convention, respectively. Moreover, Denmark and Germany have made cooperation on tugboats in the occurrence of shipment accidents through the LethGer-Plan and DenGer-Plan. In 1998, after the Pallas accident that occurred near Bremen, the need to improve cooperation among each states on usable resources for ocean security has been increased in Germany. Consequently, the federal government and gulf state governments associated and organized the so called, "Havarie-Kommanando Ship Accident Measure Unit". Haravarie-Kommanando is a federal-state associated organization that deals with affairs that controls national operation and mobilization of ship accident related organizations unitively when serious ship accidents occur. Moreover, federal and state participant organizations, each shipping agencies and Wiking-Helicopers-Services, a helicopter agency, are cooperating well. Also, mutual assistance with the most prominent passenger agency called Scandlines, ARGE Kuestenschutz(Germany-Denmark shipping agency) is making progress as well.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.994-1005
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• 2016

Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.