• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• Journal of Navigation and Port Research
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• v.38 no.6
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• pp.663-672
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• 2014

In Korea and the Philippines, as well as all over the world, with the recognition of the importance of marine ecological resources, the marine protected areas(MPA) have been established and managed to protect and preserve these resources. While the number of marine protected areas for marine ecological resources protection has been increased, there is main problem that the most of MPAs do not achieve their intended management objectives. the effective management. Because of the positive and negative impacts on local communities and fishermen as direct stockholders, there has been ongoing debate on the pros and cons of implementing MPAs. Accordingly, this research conducted a case study of establishing Marine Protected Areas in Guimaras, Philippines because Philippines fisheries code of 1998 (Republic Act 8550), which is enacted to manage, conserve and protect fishery resources, obliged local governments to designate no less than 15% of jurisdictional municipal water as fisheries resource protection areas for a long time. To do this, a dichotomous-choice contingent-valuation survey was conducted in the two municipalities of Guimaras, Philippines to investigate public opinion in debates over MPAs and to estimate willingness to pay (WTP) for MPAs to protect and conserve marine habitats for fishery resources. Because of the expected economic costs by prohibiting fishing activities within the establishing newMPA, 58.7% of respondents thought the costs should be compensated, but 91.4% respondents voted in favor of increasing MPAs for fisheries resources as a protective measure. Finally, with Contingent Valuation Method(CVM), the aggregate mean WTP (375.5ha) of San Lorenzo and Sibunag residents in Guimaras Province, Philippines for establishing the additional MPA in their municipality waters was estimated to $1,046,791. Therefore, these findings could be used as a valuable data for establishing effective management plan of MPAs in Korea.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.5
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• pp.467-475
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• 2013

In order to seize quantitative materials as part of studies on measures for oil pollution prevention and control, the statistics of oil pollution incidents in Korean coastal waters for 10 years from 2003 to 2012 were analyzed with relation to the number of oil spills and the volume of oil spilt according to causes, sources and sea areas of spills. Total number and total volume of oil spills for 10 years were found to be 2,833 cases and 17,877 kL, respectively. 50.4 %(1,429 cases) of total number of oil spills were caused by negligence, although oil spillage due to negligence was 294 kL(1.7 %). While oil spillage caused by marine accidents was 17,400 kL(97.3 %), marine accidents accounted for 27.9 %(790 cases) of total number of oil spills. While negligence had a great influence on the number of oil spills, marine accidents had a huge impact on the amount of oil spilt. Fishing boats accounted for 42.7 %(1,210 cases) of the number of oil spills, and although oil tankers accounted for 9.2 %(261 cases) of the number of oil spills, oil spillage from oil tankers was 15,488kL(86.7 %). It means that oil tankers such as VLCC or ULCC may be the main sources of major oil spills and a few very large spills are responsible for a high percentage of the amount of oil spilt. While the number of oil spill incidents was closely related to the accidents of fishing boats, the volume of oil spilt was greatly affected by the major oil spill incidents of oil tankers such as M/T Hebei Spirit. The number and volume of oil spills were shown to be 1,613 cases(56.9 %) and 3,804 kL(21.3 %) in South Sea, 700 cases(24.7 %) and 13,501 kL(75.5 %) in West Sea, and 520 cases(18.2 %) and 572 kL(3.2 %) in East Sea of Korea, respectively. The highest number of oil spills was found in South Sea and the most volume of oil spilt was shown in West Sea of Korea for 10 years.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.188-196
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• 2023

Among marine accidents caused by bad weather, visibility restrictions caused by sea fog occurrence cause accidents such as ship strand and ship bottom damage, and at the same time involve casualties caused by accidents, which continue to occur every year. In addition, low visibility at sea is emerging as a social problem such as causing considerable inconvenience to islanders in using transportation as passenger ships are collectively delayed and controlled even if there are local differences between regions. Moreover, such measures are becoming more problematic as they cannot objectively quantify them due to regional deviations or different criteria for judging observations from person to person. Currently, the VTS of each port controls the operation of the ship if the visibility distance is less than 1km, and in this case, there is a limit to the evaluation of objective data collection to the extent that the visibility of sea fog depends on the visibility meter or visual observation. The government is building a marine weather signal sign and sea fog observation networks for sea fog detection and prediction as part of solving these obstacles to marine traffic safety, but the system for observing locally occurring sea fog is in a very insufficient practical situation. Accordingly, this paper examines domestic and foreign policy trends to solve social problems caused by low visibility at sea and provides basic data on the need for government support to ensure maritime traffic safety due to sea fog by factually investigating and analyzing social problems. Also, this aims to establish a more stable maritime traffic operation system by blocking marine safety risks that may ultimately arise from sea fog in advance.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.4 s.27
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• pp.293-300
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law (KMPPL) which has been mae and amended according to the conclusions and amendments of various international conventions for the prevention a marine pollution such as MARPOL 73/78 were reviewed and compared with the major contents of the relevant international conventions. Alternative measures for legislating new laws or amending existing laws such as KMPPL for the acceptance of major contents of existing international conventions were proposed. Annex VI of MARPOL 73/78 into which the regulations for the prevention of air pollution from ship have been adopted has been recently accepted in KMPPL which should be applied to ships which are the moving sources of air pollution at sea rather tlnn in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations in land. The major contents of LC 72/95 have been accepted in KMPPL However, a few of substances requiring special care in Annex II of 72LC, a few of items in characteristics and composition for the matter in relation to criteria governing the issue of permits for the dumping of matter at sea in Annex III of 72LC, and a few of items in wastes or other matter that may be considered for dumping in Annex I of 96 Protocol have not been accepted in KMPPL yet. The major contents of OPRC 90 have been accepted in KMPPL. However, oil pollution emergency plans for sea ports and oil handling facilities, and national contingency plan for preparedness and response have not been accepted in KMPPL yet. The waste oil related articles if Basel Convention, which shall regulate and prohibit transboundary movement of hazardous waste, should be accepted in KMPPL in order to prevent the transfer if scrap-purpose tanker ships containing oil/water mixtures and chemicals remained on beard from advanced countries to developing and/or underdeveloped countries. International Convention for the Control if Harmful Anti-Fouling Systems on the Ships should be accepted in KMPPL rather tlnn in Korea Noxious Chemicals Management Law. International Convention for Ship's Ballast Water/Sediment Management should be accepted in KMPPL or by a new law in order to prevent domestic marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water.

• International Commerce and Information Review
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• v.16 no.3
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• pp.159-182
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• 2014

CISG Article 71 (1) states that a party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will net perform a substantial part of his obligations as a result of a serious deficiency in his ability to perform or in his creditworthiness or his conduct in preparing to perform or in perfoming the contract. CISG Article 71 (2) states a 'right of stoppage in transit' that if the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller. Under the right of stoppage in transit, the carrier copes with risks that the seller may claim damages arose from the handing over the goods, if he hand over the goods to the buyer and that the buyer may claim damages, if he deny handing over the goods to the buyer who has the document which entitles him to obtain the goods. Therefore the legal position of the carrier may become weak. This paper purpose to point out the legal weakness of the carrier under the right of stoppage in transit and to provide the proper legal act of the carrier and possible practice related to various characters of the contract of sale of the goods. Although there is the opinion it prevent from handing over the goods to the buyer actually under the interpretation that the buyer should take claim damages to the seller, if the goods are handed over to the buyer under the right of stoppage in transit, it is not appropriate because the opinion may disable the right of stoppage in transit. The right of stoppage in transit could be carried out under any payment conditions except letter of credit and under any mode of transportation except the cases that carrier is the buyer himself or the agent of the buyer. It could be executed regardless the forms of the transport document.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.18 no.2
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• pp.89-103
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• 2013

National demands for the ocean forecasting system have been increased to support economic activity and national safety including search and rescue, maritime defense, fisheries, port management, leisure activities and marine transportation. Further, the ocean forecasting has been regarded as one of the key components to improve the weather and climate forecasting. Due to the national demands as well as improvement of the technology, the ocean forecasting systems have been established among advanced countries since late 1990. Global Ocean Data Assimilation Experiment (GODAE) significantly contributed to the achievement and world-wide spreading of ocean forecasting systems. Four stages of GODAE were summarized. Goal, vision, development history and research on ocean forecasting system of the advanced countries such as USA, France, UK, Italy, Norway, Australia, Japan, China, who operationally use the systems, were examined and compared. Strategies of the successfully established ocean forecasting systems can be summarized as follows: First, concentration of the national ability is required to establish successful operational ocean forecasting system. Second, newly developed technologies were shared with other countries and they achieved mutual and cooperative development through the international program. Third, each participating organization has devoted to its own task according to its role. In Korean society, demands on the ocean forecasting system have been also extended. Present status on development of the ocean forecasting system and long-term plan of KMA (Korea Meteorological Administration), KHOA (Korea Hydrographic and Oceanographic Administration), NFRDI (National Fisheries Research & Development Institute), ADD (Agency for Defense Development) were surveyed. From the history of the pre-established systems in other countries, the cooperation among the relevant Korean organizations is essential to establish the accurate and successful ocean forecasting system, and they can form a consortium. Through the cooperation, we can (1) set up high-quality ocean forecasting models and systems, (2) efficiently invest and distribute financial resources without duplicate investment, (3) overcome lack of manpower for the development. At present stage, it is strongly requested to concentrate national resources on developing a large-scale operational Korea Ocean Forecasting System which can produce open boundary and initial conditions for local ocean and climate forecasting models. Once the system is established, each organization can modify the system for its own specialized purpose. In addition, we can contribute to the international ocean prediction community.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.