• Journal of Arbitration Studies
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• v.14 no.2
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• pp.281-300
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• 2004

This paper is about a case on the arbitration of disputes between the parties of charter party. 'B' vessel owner on the original charter party first made a charter party with 'L' cargo owner on the original charter party. Then, 'B' entered into another charter party with 'D' vessel owner, who will actually take charge of carriage of the cargoes which is described on the original charter party. Therefore, 'B' is a carrier of cargoes of 'L' and 'D' is a carrier of cargoes of 'B', according to the contracts. The cargoes of 'B' is cargoes of 'L', by nature. In these circumstances, damages to the cargoes occurred in the transit by the vessel of 'D'. Who should take the responsibility for the damage of cargoes? Who must be liable for those, 'B' or 'D'？. According to the original charter party, 'L' signed 'as Charterers' and 'B' was the counterpart of 'L'. But 'B' signed as 'for and on behalf of 'B',' without 'as Owners'. Tribunal of arbitration award that 'B' should take the responsibility for the damage to the cargoes, because 'B' is the vessel owner. Although 'B' is a contract carrier, 'B' must bear the liability of transport of the cargoes. The counterpart of charterer, 'L' is 'B' who is presumed to be the vessel owner by the original charter party. 'D', actual carrier is not the privy of 'L', cargo owner. This case teach us that signature on the contract is the matter of great importance.

• Special Issue of the Society of Naval Architects of Korea
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• 2009.09a
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• pp.1-5
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• 2009

Recent growth in global economic situation has led dramatic increase in new buildings of large containerships. These increased new building orders have brought keen concerns of developing and improving the quality of design and increasing the productivity of the vessel in order to satisfy the ship Owner's various requirements. For the increment of productivity and quality of containership, the plastic type bearing pad of cargo hatch cover has been investigated intensively for years with the supplier of cargo hatch cover. The result of investigation showed that there are numbers of advantages for the Owner and Builder over the existing bronze bearing pads which are better corrosion resistance long life time, low friction coefficient, easy maintenance, easy installation, better production lead time and low maintenance cost.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.51-70
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• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• International Commerce and Information Review
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• v.11 no.1
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• Journal of Korea Port Economic Association
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• v.22 no.3
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• pp.23-41
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• 2006

The objective of this study is to discuss damage to cargo caused by shipper's Liability. an analysis of the excepted perils of the carriers and the scope of marine insurance coverage reveals that the excepted perils of the carrier are covered by the most part by marine insurance. however damage to cargo caused by shipper's fault remains uncovered. Damage to cargo by insufficient packing is caused by the cargo owner's error or negligence, thus both the underwriter and the marine carrier are exmpted from responsibility. but a problem aries from the fact that there is no objective standard for full packaging. In order to solve these problems, it is required to specify the method of packaging for certain goods when making an individual agreement, so that the owner can be exmpted from responsibility for packaging conformed to the pertinent article.

• Journal of the Korean Institute of Navigation
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• v.15 no.3
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• pp.13-24
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• 1991

This paper aims to determining the optimal capacity of Pusan port in view point of Container Physical Distribution cost. It has been established a coast model of the container physical distribution system in Pusan port is composed of 4 sub-systems and in-land transport system. Cargo handling system, transfer & storage system and in-land transport system, and analyzed the cost model of the system. From this analysis, we found that the system had 7 routes including in-land transport by rail or road and coastal transport by feeder ship between Pusan port and cargo owner's door. Though railway transport cost was relatively cheap, but, it was limited to choose railway transport routes due to the introducing of transport cargo allocation practice caused by shortage of railway transport capacity. The physical distribution ost for total import & export container through Pusan port was composed of 4.47% in port entring cost, 12.98% in cargo handling cost, 7.44% in transfer & storage cost and 75.11% in in-land transport cost. Investigation in case of BCTOC verified the results as follows. 1) The optimal level of one time cargo handling was verified 236VAN (377TEU) and annual optimal handling capacity was calculated in 516, 840VAN(826, 944TEU) where berth occupancy is $\rho$=0.6 when regardless of port congestion cost, 2) The optimal level of one time cargo handling was verified 252VAN (403TEU) and annual optimal handling capacity was calculated in 502, 110VAN (803, 376TEU) where berth occupancy is $\rho$=0.58 when considering of port congestion cost.

• Journal of Korea Port Economic Association
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• v.28 no.4
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• pp.275-298
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• 2012

Terminal operators have provided special services such as loading, discharging, stowage of cargo to the owner, and carriers of the sea, which contribute the domestic and international logistics. For smooth flow of logistics, container terminal should reserve spaces for inbound and outbound logistics. However, if it is unable to provide the spaces, which can be caused by labour strikes or terminal lockouts and so on, national logistic system and financial management of terminal operators can be seriously affected. In order to minimize these kinds of problems, terminal operators impose high rate of charges ("overstorage charge") to the accumulated cargoes and/or containers, which are stipulated in terminal service agreement. Nevertheless, if there is no terminal service agreement with an owner of cargo and/or container, any kind of charge can cause legal problems (conflict ??) between the cargo and terminal operator. In this regard, I would like to study on the definition of overstorage charge and the legal issue of it based on the Busan district court's judgment. In particular, I will propose a special right of commercial lien and public auction for terminal operators to settle accumulated cargoes in container terminal.

• Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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• 2000.10a
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• pp.189-195
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• 2000

New concept of LNG-FPSO ship with moonpool and bilge step in bottom is considered and investigated in the point of motion reduction and sloshing phenomena of the cargo and operation tanks. The cargo capacity of the ship of which principle dimensions is L x B x D x t(design) =270.0 x 51.0 x 32.32 x 13.7(m) 16K at 98% loading condition. The two moonpools and rectangular step at bilge part are setted up specially for getting the effect of motion decrease. For the motion analysis, linearized three dimensional diffraction theory with the simplified boundary conditions is used. The six-degree of freedom coupled motion responses are calculated for the LNG-FPSO ship. Viscous effects on the roll motion responses of a vessel are taken into account in this calculation program using an empirical formula suggested by Ikeda, Himeno and Tanaka is used. The case study for the moonpool size had been carried out by theoretical estimation and experimental method. For the optimization of the moonpool size and effect of the step, 9 cases of its size and with and without step are considered. From the results of calculation and experiment, it can be concluded that this designed LNG-FPSO ship have possibility to carry out her missions in the rough sea as for the owner's demand waves condition. The motion responses, especially roll motion, for the designed LNG-FPSO ship are much lower than those of another drillship and shuttle tanker and limit criterions are satisfied. For the check of the cargo tank and operation tank sizes we have performed sloshing analysis in the irregular waves which focuses on the pressure distribution on the tank wall and the time history of pressure and free surface for No.2 and No5. tanks of LNG-FPSO with chamfers. Finally we got the tank size which has no resonance and no impact pressure in all filling in the bow quartering and beam sea.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Special Issue of the Society of Naval Architects of Korea
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• 2015.09a
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• pp.50-55
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• 2015

Application of newly conceptualized Anti-Splash Devices designed for COT vent pipes were studied on a P/V valve located on the upper deck of an oil carrier vessel. Anti-Splash devices are used in the shipbuilding industry in order to avoid oil overflow and spray accidents caused by excess pressure and vacuum condition in the cargo oil tanks. These conditions are caused by the transverse and longitudinal sloshing forces that arise from ship motion during sea voyages. The main issue with existing Anti-Splash device model is flux at the outlet of the Anti-Splash Device, and so, new conceptual models for the Anti-Splash device were developed and compared to existing Anti-Splash device model using CFD analysis. Transient analysis was used to capture the flow and velocity of each model and a comparative analysis was performed between old and new-concept models. This data was used to determine the optimal design parameters in order to develop an optimized Anti-Splash Device. A Factory acceptance test was performed on the new-concept models in order to verify the performance and efficiency against their design requirements and other criterion. The final step performed was to apply the optimized Anti-Splash Device models for COT vent pipes to an actual vessel and verify performance through a seawater cargo operation during a sea voyage as per the ship owner's request. The patent for the aforementioned device was obtained by the Korean Intellectual property Office dated Dec. 18th,2014.