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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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The Innovation Ecosystem and Implications of the Netherlands. (네덜란드의 혁신클러스터정책과 시사점)

  • Kim, Young-woo
    • Journal of Venture Innovation
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    • v.5 no.1
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    • pp.107-127
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    • 2022
  • Global challenges such as the corona pandemic, climate change and the war-on-tech ensure that the demand who the technologies of the future develops and monitors prominently for will be on the agenda. Development of, and applications in, agrifood, biotech, high-tech, medtech, quantum, AI and photonics are the basis of the future earning capacity of the Netherlands and contribute to solving societal challenges, close to home and worldwide. To be like the Netherlands and Europe a strategic position in the to obtain knowledge and innovation chain, and with it our autonomy in relation to from China and the United States insurance, clear choices are needed. Brainport Eindhoven: Building on Philips' knowledge base, there is create an innovative ecosystem where more than 7,000 companies in the High-tech Systems & Materials (HTSM) collaborate on new technologies, future earning potential and international value chains. Nearly 20,000 private R&D employees work in 5 regional high-end campuses and for companies such as ASML, NXP, DAF, Prodrive Technologies, Lightyear and many others. Brainport Eindhoven has a internationally leading position in the field of system engineering, semicon, micro and nanoelectronics, AI, integrated photonics and additive manufacturing. What is being developed in Brainport leads to the growth of the manufacturing industry far beyond the region thanks to chain cooperation between large companies and SMEs. South-Holland: The South Holland ecosystem includes companies as KPN, Shell, DSM and Janssen Pharmaceutical, large and innovative SMEs and leading educational and knowledge institutions that have more than Invest €3.3 billion in R&D. Bearing Cores are formed by the top campuses of Leiden and Delft, good for more than 40,000 innovative jobs, the port-industrial complex (logistics & energy), the manufacturing industry cluster on maritime and aerospace and the horticultural cluster in the Westland. South Holland trains thematically key technologies such as biotech, quantum technology and AI. Twente: The green, technological top region of Twente has a long tradition of collaboration in triple helix bandage. Technological innovations from Twente offer worldwide solutions for the large social issues. Work is in progress to key technologies such as AI, photonics, robotics and nanotechnology. New technology is applied in sectors such as medtech, the manufacturing industry, agriculture and circular value chains, such as textiles and construction. Being for Twente start-ups and SMEs of great importance to the jobs of tomorrow. Connect these companies technology from Twente with knowledge regions and OEMs, at home and abroad. Wageningen in FoodValley: Wageningen Campus is a global agri-food magnet for startups and corporates by the national accelerator StartLife and student incubator StartHub. FoodvalleyNL also connects with an ambitious 2030 programme, the versatile ecosystem regional, national and international - including through the WEF European food innovation hub. The campus offers guests and the 3,000 private R&D put in an interesting programming science, innovation and social dialogue around the challenges in agro production, food processing, biobased/circular, climate and biodiversity. The Netherlands succeeded in industrializing in logistics countries, but it is striving for sustainable growth by creating an innovative ecosystem through a regional industry-academic research model. In particular, the Brainport Cluster, centered on the high-tech industry, pursues regional innovation and is opening a new horizon for existing industry-academic models. Brainport is a state-of-the-art forward base that leads the innovation ecosystem of Dutch manufacturing. The history of ports in the Netherlands is transforming from a logistics-oriented port symbolized by Rotterdam into a "port of digital knowledge" centered on Brainport. On the basis of this, it can be seen that the industry-academic cluster model linking the central government's vision to create an innovative ecosystem and the specialized industry in the region serves as the biggest stepping stone. The Netherlands' innovation policy is expected to be more faithful to its role as Europe's "digital gateway" through regional development centered on the innovation cluster ecosystem and investment in job creation and new industries.

Study of the corrosion effect of CO2 stream with SO2 and NO2 on a phosphate coated steel tube (SO2 및 NO2 포함 고압 CO2 스트림이 인산염 코팅 CO2 수송관 부식에 미치는 영향)

  • Cho, Meang-Ik;Kang, Seong-Gil;Huh, Cheol;Baek, Jong-Hwa
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.12
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    • pp.6973-6979
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    • 2014
  • To mitigate global warming and climate change, many countries are investing massively on the development of CCS technology, which is assumed to be the key technology to reduce $CO_2$ emissions. CCS technology is comprised of the capture, transport, and storage processes. During the capture process, impurities other than $CO_2$ are inevitably flowed into the $CO_2$ stream. In the present study, corrosion characteristics of a phosphate coated tube for $CO_2$ transportation was investigated with a $CO_2$ stream composed of $CO_2$, $H_2O$, $SO_2$, and $NO_2$. The test specimen was a phosphate coated steel tube, which was filled with $CO_2$ stream with the impurities mentioned above. SEM-EDS analysis is conducted to investigate the corrosion behavior. The results showed that although the H2O concentration did not exceed the solubility limit, corrosion occurred in the specimen, which has an inflow of $SO_2$ or $NO_2$. This suggests that the $SO_2$, $NO_2$ and $H_2O$ concentration should be strictly controlled. These results suggest that the $SO_2$ and $NO_2$ concentration should be controlled below 175ppm and 65ppm, respectively.

A Study on the Effect of 2010 HNS Convention on Korean Industry (위험·유해물질 피해보상 국제협약의 우리 산업계에 대한 영향 고찰)

  • Kim, Ji-Hong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.57-64
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    • 2020
  • The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.

A Study about the Direction and Responsibility of the National Intelligence Agency to the Cyber Security Issues (사이버 안보에 대한 국가정보기구의 책무와 방향성에 대한 고찰)

  • Han, Hee-Won
    • Korean Security Journal
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    • no.39
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    • pp.319-353
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    • 2014
  • Cyber-based technologies are now ubiquitous around the glob and are emerging as an "instrument of power" in societies, and are becoming more available to a country's opponents, who may use it to attack, degrade, and disrupt communications and the flow of information. The globe-spanning range of cyberspace and no national borders will challenge legal systems and complicate a nation's ability to deter threats and respond to contingencies. Through cyberspace, competitive powers will target industry, academia, government, as well as the military in the air, land, maritime, and space domains of our nations. Enemies in cyberspace will include both states and non-states and will range from the unsophisticated amateur to highly trained professional hackers. In much the same way that airpower transformed the battlefield of World War II, cyberspace has fractured the physical barriers that shield a nation from attacks on its commerce and communication. Cyberthreats to the infrastructure and other assets are a growing concern to policymakers. In 2013 Cyberwarfare was, for the first time, considered a larger threat than Al Qaeda or terrorism, by many U.S. intelligence officials. The new United States military strategy makes explicit that a cyberattack is casus belli just as a traditional act of war. The Economist describes cyberspace as "the fifth domain of warfare and writes that China, Russia, Israel and North Korea. Iran are boasting of having the world's second-largest cyber-army. Entities posing a significant threat to the cybersecurity of critical infrastructure assets include cyberterrorists, cyberspies, cyberthieves, cyberwarriors, and cyberhacktivists. These malefactors may access cyber-based technologies in order to deny service, steal or manipulate data, or use a device to launch an attack against itself or another piece of equipment. However because the Internet offers near-total anonymity, it is difficult to discern the identity, the motives, and the location of an intruder. The scope and enormity of the threats are not just focused to private industry but also to the country's heavily networked critical infrastructure. There are many ongoing efforts in government and industry that focus on making computers, the Internet, and related technologies more secure. As the national intelligence institution's effort, cyber counter-intelligence is measures to identify, penetrate, or neutralize foreign operations that use cyber means as the primary tradecraft methodology, as well as foreign intelligence service collection efforts that use traditional methods to gauge cyber capabilities and intentions. However one of the hardest issues in cyber counterintelligence is the problem of "Attribution". Unlike conventional warfare, figuring out who is behind an attack can be very difficult, even though the Defense Secretary Leon Panetta has claimed that the United States has the capability to trace attacks back to their sources and hold the attackers "accountable". Considering all these cyber security problems, this paper examines closely cyber security issues through the lessons from that of U.S experience. For that purpose I review the arising cyber security issues considering changing global security environments in the 21st century and their implications to the reshaping the government system. For that purpose this study mainly deals with and emphasis the cyber security issues as one of the growing national security threats. This article also reviews what our intelligence and security Agencies should do among the transforming cyber space. At any rate, despite of all hot debates about the various legality and human rights issues derived from the cyber space and intelligence service activity, the national security should be secured. Therefore, this paper suggests that one of the most important and immediate step is to understanding the legal ideology of national security and national intelligence.

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A Leg Analysis on the Discharge of Cargo Residue at Sea (화물잔류물의 해양 투입처분(배출) 사안에 대한 법률적 분석)

  • Hong, Gi-Hoon;Park, Chan-Ho
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.4
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    • pp.193-202
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    • 2006
  • The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

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Estimation of resistance coefficient of PHC bored pile by Load Test II (재하시험에 의한 PHC 매입말뚝의 저항계수 산정 II)

  • Park, Jong-Bae;Park, Yong-Boo;Kwon, Young-Hwan
    • Land and Housing Review
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    • v.9 no.3
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    • pp.1-8
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    • 2018
  • In Europe and the United States, the use of limit states design has almost been established for pile foundation design. According to the global trend, the Ministry of Land, Transport and Maritime Affairs has established the basic design criteria of the bridge under the limit state design method. However, it is difficult to reflect on the design right now because of lack of research on resistance coefficient of the pile method and ground condition. In this study, to obtain the resistance coefficient of PHC bored pile which is widely used in Korea, the bearing capacity calculated by the LH design standard and the bridge design standard method, the static load test(21 times) and the dynamic load test(EOID 21 times, Restrike 21) The reliability analysis was performed on the results. The analysis of the resistance coefficient of PHC bored pile by loading test was analyzed by adding more than two times data. As a result, the resistance coefficient obtained from the static load test(ultimate bearing capacity) was 0.64 ~ 0.83 according to the design formula and the target reliability index, and the resistance coefficient obtained from the dynamic load test(ultimate bearing capacity) was 0.42~0.55. Respectively. The resistance coefficient obtained from the modified bearing capacity of dynamic load test(EOID's ultimate end bearing capacity + restrike's ultimate skin bearing capacity) was 0.55~0.71, which was reduced to about 14% when compared with the resistance coefficient obtained by the static load test(ultimate bearing capacity). As a result of the addition of the data, the resistivity coefficient was not changed significantly, even if the data were increased more than 2 times by the same value or 0.04 as the previous resistance coefficient. In conclusion, the overall resistance coefficient calculated by the static load test and dynamic load tests in this study is larger than the resistance coefficient of 0.3 suggested by the bridge design standard(2015).

A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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Improvement of Fatigue Life with Local Reinforcement for Offshore Topside Module during Marine Transportation (해양플랫폼 탑사이드 모듈의 해상 운송 시 국부 보강을 통한 피로 수명 개선에 관한 연구)

  • Jang, Ho-Yun;Seo, Kwang-Cheol;Park, Joo-Shin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.2
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    • pp.387-393
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    • 2021
  • In this study, finite element analysis was performed to evaluate a method of increasing the fatigue life of the pipe connection structure commonly used in the topside structure of offshore platforms. MSC Patran/Nastran, a commercial analysis program, was used, and the critical structural model was selected from the global analysis. To realize the stress concentration phenomenon according to the load, modeling using 8-node solid elements was implemented. The main loads were considered to be two lateral loads and a tensile load on a diagonal pipe. To check the hotspot stress at the main location, a 0.01 mm dummy shell element was applied. After calculating the main stress at the 0.5-t and 1.5-t locations, the stress generated in the weld was estimated through extrapolation. In some sections, this stress was observed to be below the fatigue life that should be satisfied, and reinforcement was required. For reinforcement, a bracket was added to reduce the stress concentration factor where the fatigue life was insufficient without changing the thickness or diameter of the previously designed pipe. Regarding the tensile load, the stress in the bracket toe increased by 23 %, whereas the stress inside and outside of the pipe, which was a problem, decreased by approximately 8 %. Regarding the flexural load, the stress at the bracket toe increased by 3 %, whereas the stress inside and outside of the pipe, which was also a problem, decreased by approximately 48 %. Owing to the new bracket reinforcement, the stress in the bracket toe increased, but the S-N curve itself was better than that of the pipe joint, so it was not a significant problem. The improvement method of fatigue life is expected to be useful; it can efficiently increase the fatigue life while minimizing changes to the initial design.

Current Status of Ship Emissions and Reduction of Emissions According to RSZ in the Busan North Port (부산 북항에서의 선박 배출물질 현황과 선속제한에 의한 배출량 감소 연구)

  • Lee, Bo-Kyeong;Lee, Sang-Min
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.5
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    • pp.572-580
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    • 2019
  • In view of the numerous discussions on global environmental issues, policies have been implemented to limit emissions in the field of marine transport, which accounts for a major part of international trade. In this study, a ship's emissions were calculated by applying the engine load factor to determine the total quantity of emissions based on the ship's speed reduction. For ships entering and leaving the Busan North Port from 1 January to 31 December 2017, emissions were calculated and analyzed based on the ship's type and its speed in the reduced speed zone (RSZ), which was set to 20 nautical miles. The comparison of the total amount of emissions under all situations, such as cruising, maneuvering, and hotelling modes revealed that the vessels that generated the most emissions were container ships at 76.1 %, general cargo ships at 7.2 %, and passenger ships at 6.8 %. In the cruising and maneuvering modes, general cargo ships discharged a lesser amount of emission in comparison with passenger ships; however, in the hotelling mode, the general cargo ships discharged a larger amount of emission than passenger ships. The total emissions of nitrogen oxides (NOx), sulphur oxides (SOx), particulate matter (PM), and volatile organic compounds (VOC), were 49.4 %, 45 %, 4 %, and 1.6 %, respectively. Furthermore, the amounts of emission were compared when ships navigated at their average service speed, 12, 10, and 8 knots in the RSZ, respectively. At 12 knots, the reduction in emissions was more than that of the ships navigating at their average service speed by 39 % in NOx, 40 % in VOC, 42 % in PM, and 38 % in Sox. At 10 knots, the emission reductions were 52 %, 54 %, 56 %, and 50 % in NOx, VOC, PM, and Sox, respectively. At 8 knots, the emission reductions were 62 %, 64 %, 67 %, and 59 % in NOx, VOC, PM, and Sox, respectively. As a result, the emissions were ef ectively reduced when there was a reduction in the ship's speed. Therefore, it is necessary to consider limiting the speed of ships entering and leaving the port to decrease the total quantity of emissions.