• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Journal of the Korean Institute of Navigation
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• v.23 no.4
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• pp.43-61
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• 1999

To ensure ship's safety and preserve the marine environment from ship, IMO(International Maritime Organization) has been making much efforts. Nevertheless there are still many possibilities threatening ship's safety and the marine environment. Many vessels navigate at sea in lack of standard required by the International Convention relevant to ship's safety and the protection of marine environment. Even though the administration is responsible for perfect and continuous control for safety of ship, it cannot has jurisdiction over ships hoist its flag reasonably at all times. So the Port State has strengthened the Port State Control(PSC) activity as one step of eliminating sub-standard vessels. In the light of the fact that mentioned above, this study deals with PSC activity in Korea and port of Pusan. Total 582 ships, inspected in port of Pusan from 1st January 1998 to 30th September 1999, were analyzed in various aspect and extracted results as follows : \circled1 The inspection rate in Korea was much lower than the other states taking part in Tokyo MOU, \circled2 For flag state, the ships belong to flag of convenience(FOC) had much more deficiencies than non-convenience flag ships, \circled3 For ship type, 39 number of general dry cargo ship were detained at Pusan with serious deficiencies, \circled4 For deficiency item, the items such as life saving appliances, safety in general, navigation, load lines and fire-fighting appliances were occupied over 71.7% of total number of deficiencies, \circled5 In Asia-Pacific region, Korea was one of flags with detention percentages exceeding 3-year(1996~1998) rolling average detention percentage. Average detention rate of Korean vessels was 6.73% which was over 0.24% of average detention rate(6.49%) in Asia-Pacific region. These results may reflect to improve the performance of PSC inspection for foreign vessels and are useful for preparing PSC inspection for ocean-going ships registered in Korea.

• Ocean policy research
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• v.33 no.2
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• pp.147-181
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• 2018

Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

• Journal of the Korean Institute of Navigation
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• v.9 no.1
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• pp.83-93
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• 1985

Sea casulties involving tankers, compared with those incurred by other type of vessels, have become particularly threatening to port State in terms of environmental as well as property damages. As a result, most of developed countries including the U.S.A. and Japan have shown a strong interest in implementing the policy of the Port State Control more rigorously in an attempt to protect themselves from irreparable damages caused by sea casualties involving large vessels. In this paper, the problems associated with the implementation of the Port State Control are analysed and then following recommendations and suggestions are made: ⅰ) The flag nation is urged to improve the quality of personnel associated with the operation of a ship. ⅱ) A closer cooperation between developing nations operating vessels and developed nations adopting the Port State Control is required for a successful implementation of this policy. ⅲ) Port states are advised to give a special attention to vessels carrying hazardous cargoes.

• Proceedings of KOSOMES biannual meeting
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• 2003.05a
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• pp.41-58
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• 2003

A recent trend of global shipping industry adopting Port State Control (PSC) system is recognized as a proficient mechanism in preventing costal traffic accident and protecting marine environment. Disadvantages of Korean shipping companies in PSC inspection are unavoidable as Tokyo MOU imposed priority listed flag to Korea. Having stated above, appropriate research and prompt preparation in compliance with current PSC requirements for the Korean shipping companies have become an immediate need. The objectives of this study are : First, to review in understanding of PSC in overall and foundation of enforcement. Second. to study interaction of international treaties regarding PSC. Third, to compare practical compliance among the countries and to open up a case study on Korean shipping companies in adopting PSC. Last, to suggest direction to the Korean shipping companies the most proficient way in compliance with the current Tokyo MOU requirement. Korean flagged vessels have become prioritized target in PSC inspection as Tokyo MOU imposed priority listed flag to Korea due to high detention rate of its fleet. Disadvantage of a priority listed flag is a burden in its proficient fleet operation. This study suggests solutions to the disadvantages as below. : 1) Change shore management system, and provide continuous & quality education to crew members 2) Form a network in sharing PSC information among the Korean shipping companies 3) Form a centralized function in which government, Korean Shipping register and shipowners can treat problems in a prompt manner.

• Journal of Navigation and Port Research
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• v.32 no.9
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• pp.729-736
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• 2008

Very often has it happened that Korean flag ships were detained due to the defect of the ship itself at the port they are entering into by the system of Port State Control(PSC). It does matter because the high detention ratio of Korean ships causes to increase the survey ratio of Korean ships by PSC countries, which increases overall operating costs of Korean shipping companies. Therefore Korean government should take tougher action on the detention of Korean ships. The study uses 946 inspections to formulate the model of identifying PSC-weak ships by logistic regression analysis.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.1
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• pp.34-46
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• 2016

This study analyzes inspection results of ships by Port State Control. Particularly, this research focuses on a detention trend of vessels that registered to Korean Register of Shipping. In order to conduct this research, we have searched 170 ships that got a detention with a Code-30 within recent 46 months period. The deficiencies of the detentions are inspected by ship types, ship years, flags, ports inspected, and criteria. Moreover, we categorized the deficiencies for the detentions into 17 types for internal and external inspections. As the results of the comparison study, bulk and general cargo carriers dominate the portion of detentions by almost 66 percent. Self-induced detention due to a lack of preparation by crews and company support are the main reasons of repeated detentions from the same type ships. Ships between six and ten years old show the lowest detention rate by 4 percent whereas ships less than five years old generate the highest detention rate by 22 percent. The main categories of the detentions from ships less than 5 years old are a lack of documentation and certification, and the clues support our opinion that owners and crews may neglect to prepare the inspections because their strong confidence for the ship condition due to young ship age. As a result of a great effort of Korean government and shipping companies to reduce a detention rate, the detention rate has been recently reduced to 0.3 percent. The results also require companies with the flag of convenience ships to spend more effort to reduce the detention rate, too. We expect that using social networking service by Korea Register will lower the detention rate by sharing relevant information real-time to ships and owners.

• Strategy21
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• s.45
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• pp.60-90
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• 2019

The use of the high seas are supported by the two pillars of customary principles --the freedom of navigation and the flag state control on its vessels, which are codified in the UN Convention on the Law of the Sea. There have been attempts to limit and retrain the two pillars as maritime regimes are newly created to address new maritime threats, while coastal stares' control over the seas expand. The pillars have been created over thousands years since human beings took to the sea and have served as a foundation to use the oceans peacefully and orderly. Therefore, any retreat or exception from these principles would undermine the fundamental framework for the use of the oceans and eventually these regimes would be subject to control of maritime powers. In conclusion, new maritime regimes such as the sanction measures on North Korea should be enforced within the framework of international law and comply with the fundamental principles such as innocent passage and the freedom of navigation at the high seas.

• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.3
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• pp.93-106
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• 2001

Whether a ship is sub-standard or not shall be finally decided by the minimum standards laid down in international conventions or national standards having the same effects. The flag State is primarily responsible for implementing these standards as far as its own ships are concerned. And the port State shall, in the exercise of its rights under international law, take appropriate measures (including detention of ships identified as sub-standard), which are regarded as port State's supplementary role aiming at implementing these standards. The international standards are implemented by the regional co-operation in the form of the MOU(Memorandum of Understanding) on Port State Control in the Asia-Pacific Region on the ground that the PSC enforcement of only one country does not enable the eradication of sub-standard ships. Recently, EQUASIS which is an international database covering the whole world fleet change the regionalism of PSC into the globalization of PSC. However, there are many problems in Tokyo MOV and Korean PSC regime. In order to ensure the implementation of the standards laid down in international conventions and Tokyo MOU, the Korean and other country in Asia-Pacific shall settle the alienation from the actuality of the law, namely the problem of maritime administrative structure of non unifying PSC affairs.

• Korean journal of communication and information
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• v.77
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• pp.111-136
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• 2016

This paper focuses on the national "flagging" as a current affair, important phenomenon. National flags, it sees, take over varous places, control the surrounding space, and even dictate everybody's perspective by being visualized everywhere anytime. It investigates the issue of national flags and their hoisting poles as a sort of apparatuses that interpellate me as well as us into patriotic 'gookmin'. The placement, arrangement of national flag poles around the country continued throughout 2015 and particularly speeded up in October of the year is regarded as a key symbolic, symptomatic sign to read the transformation of political conjuncture. Preparing a radically conjuncturist cultural study about the changing reality, the researcher will see the flagging poles as a phenomenal result, outcoming of certain intent and plan for reconstructing the political actuality. More precisely, he will interpretate the tall omni-present poles of national flags as a dispositif of appearing the neoliberal/neoconservative capitalist state, as a apparatus of constituting and expressing the masses' psycho-ideological condition of today. The researcher, who perceives the national flag poles as a kind of ISAs. will first review the increased flagging phenomenon and related media discourses. Next, he will critically investigate the 'love our country' 'national flagging' movements organized by the above and operated from the bottom. Then, he will focus more on the very tall national flag poles built and seen around the country. Finally, he will conclude the study with a critical remark, touching briefly the case of controversy over setting a pole in the center of Seoul city square.