• Title/Summary/Keyword: ship officers' act

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A Study on the Legal Status of Apprentice Officers on the Merchant ship (위탁승선실습생의 법적지위 -목포해양전문대학생을 중심으로-)

  • 박성일
    • Journal of the Korean Institute of Navigation
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    • v.14 no.3
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    • pp.63-73
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    • 1990
  • Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

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A study on the method of adoption of Korean law for the electro-technical officer (선박 전자기관사의 국내법적 수용방안에 관한 고찰)

  • Lee, Sang-Il;Choi, Jung-Hwan
    • Journal of Advanced Marine Engineering and Technology
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    • v.38 no.4
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    • pp.486-494
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    • 2014
  • IMO adopted comprehensive revisions to the International Convention and Code on Standards of Training, Certification and Watchkeeping (STCW) at diplomatic conference in Manila, Philippine in June 2010. In Korea, the legal amendment of Korean Marine Officers Act has been proposed to apply revised STCW convention to The Korean Law. The Korean Marine Officers Enforcement Ordinance Act currently working on follow-up and this legislation was passed in Legislation and Judiciary Committee. This thesis would like to look into the current status of how to apply the Electro-Technical Officers standard and license system from the Korean Marine Officers Act to be revised. Also, This study aims to effectively improve for Korean Marine Officers Enforcement Ordinance of Electro-Technical Officers system and to provide the policy proposal.

A Study on the Article Applicable Mutatis Mutandis under the Ship Officer's Act (선박직원법상 준용규정에 관한 연구)

  • Jeon, Yeong-Woo
    • Journal of Navigation and Port Research
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    • v.39 no.4
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    • pp.313-318
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    • 2015
  • A question has recently been raised as to whether a foreign officer needs to obtain a Korean endorsement in order to be able to serve on board a Korean flag ship. This is attributable to the fact that differences of viewpoint may arise as to the interpretation on the relation between the mutatis mutandis article 24(1) and the endorsement issuance article 10 bis. This study intends to propose an interpretative solution through conducting in-depth analysis on the article 25(1). The conclusions of this study can be given as follows. First, the jurisdiction over the bareboat charter ships with hire purchase shall be rested with the third country of which the flag the ship is flying, the endorsement to be issued to foreign officers have to be issued by the flag State under the STCW Convention as ameded. Second, the provisons of the ship officers' act shall not be made applicable, commensurate with the intention of legislating the mutatis mutandis article 25, to the BHC/HP in such a way that is in infringement with the jurisdiction of flag State of those foreign ships. Third, the mutatis mutandis article shall be made applicable to only such areas of manning standards not covered under the STCW Convention as amended and shall exclude those provisions pertaining to the issuance of various certificates of which the jurisdiction is rested with flag State under the international instrument. Fourth, the article 10 bis(1) is not a provision requiring foreign officers wishing to serve on a BBC/HP to obtain a Korean endorsement. In summation, the article 10 bis shall be used only in the cases where foreign officers wishing to serve on a Korean flag ship are required to obtain korean endorsement.

A Study on the Improvement of Manning Standards of Small Vessel Operator in the Ship Officer's Act (선박직원법상 소형선박조종사의 승무기준 개선에 관한 연구)

  • Kim, Dong-Geun;Jeon, Yeong-Woo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.4 s.27
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    • pp.307-312
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    • 2006
  • The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation cf current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and proposes its improvement scheme to secure the safe operation of vessels.

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A Study on the Improvement of Manning Standards of Small Vessel Operator in the Ship officer's Act (선박직원법상 소형선박조종사의 승무기준 개선에 관한 연구)

  • Kim, Dong-Geun;Jeon, Yeong-Woo;Jeong, Ho-Soon
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.85-90
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    • 2006
  • The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation of current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and processes its improvement scheme to secure the safe operation of vessels.

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A Study on the Tug's Minimum Manning Levels (예인선의 최저승무기준에 관한 고찰)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.83-90
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    • 2022
  • About 90.5 % of barge-towing tugs weigh less than 200 gross tonnage and most are served by the master alone. They are also not subject to the regulations on the working hours and manning levels stipulated in the Seafarers' Act. Therefore, the master of barge-towing tugs cannot take sufficient rest during the navigational watch. Moreover, barge-towing tugs do not satisfy the human seaworthiness due to the inevitable performance of the navigational watch which must be alternately undertaken with an unqualified person, called the "Boatswain". Furthermore, there are many cases in which the master or owner of a tug fails to comply with the additionally required minimum manning levels stipulated in the Ship Of icers' Act when a tug tows a barge. This study reviews the following: (1) the regulations on the working hours and manning levels that are stipulated in the Seafarers' Act, (2) the regulations on the minimum manning levels for ship of icers of the tug's deck part that are stipulated in the Ship officers' Act, (3) marine accidents in the barge-towing tugs. As a result I suggested that one additional deck officer should be on board when a tug tows a barge through the revision of the minimum manning level for ship of icer on the deck part in order to prevent marine accidents of tugs effectively. Especially, the Act on the Punishment, etc. of the Serious Accident came into effect on January 27, 2022. If marine casualties occur continuously at sea due by the same cause, and the cause of such marine casualties would be turned out by the fatigue of the ship of icer caused by insufficient institutional arrangements, the administrator of competent Authorities of Maritime and Port could be punished, so it seems to prepare for it.

Forecasting the Demand and Supply and Diagnosing the Shortage of Marine Officer for Korean Coastal Shipping (내항 해기사 인력 수요 및 공급 예측과 인력 부족 진단)

  • Shin, Sang-Hoon;Shin, Yong-John
    • Journal of Korea Port Economic Association
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    • v.40 no.1
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    • pp.15-30
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    • 2024
  • This study examined the current status of the number of ships and marine officers in the coastal shipping in order to successfully solve the problem of the shortage of manpower. Then it forecast the number of costal ships by ship size and the demand of coastal marine officers by applying the crew quota of the Ship Personnel Act. In addition, The supply of manpower was predicted using the Markov model, reflecting the number of turnover and retirements by year, as well as the number of new entrants and incomer from ocean-going shipping. As a result of forecasts, the demand for coastal marine officers is forecast to increase from 6,057 in 2023 to 7,079 in 2030, and the supply is forecast to decrease from 5,771 in 2023 to 5,130 in 2030, showing that the manpower of shortage is worsening. This study analyzed the problem of the shortage of lower-level licensed coastal marine officers and objectively forecast the demand and supply of manpower through quantitative analysis. In order to resolve the manpower shortage, it was proposed to expand the training and supply of 5th and 6th grade low-level licensed coastal marine officers. This study will be able to provide useful data to solve the problem of shortage of manpower for coastal shipping.

Comparison and analysis of Marine Officer License System for Fishing Vessels between Republic of Korea and New Zealand (한국과 뉴질랜드 어선 해기사 면허제도 비교 분석)

  • RYU, Kyung-Jin;KIM, Wook-Sung;LEE, Yoo-Won;PARK, Tae-Gun;KIM, Sung-Gi;KIM, Seok-Jae;KANG, II-Kwon;KIM, Hyung-Seok
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.5
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    • pp.1265-1272
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    • 2015
  • This study aims at comparison and analyzing of marine officer license system for fishing vessels between South Korea and New Zealand. It is urgently required to establish Republic of Korea-New Zealand mutual certification system for marine officers who are on board ships within applicable area given that New Zealand will force foreign fishing vessels within New Zealand area to reflag from 2016 in accordance with the amendment of Fisheries Act. Secondly, to compare and analyze systems between two countries will contribute to the preparatory work related to ratification STCW-F convention as New Zealand already have completed law amendment to adapt the convention. Maritime law of New Zealand, Seafarers Act and Ship Personnel Act of Republic of Korea were compared and analyzed as references. The result showed that an improvement to corresponding level to the international convention and development of safety training by vessel type, and job descriptions according to the license class are needed to Republic of Korea system. Furthermore, it is suggested to prepare specialized training for deckhands as required in STCW-F convention and standard fishing vessel officer training record for designated institute of education. Therefore institutional complementarity and framework is required as it is expected that the nations of fishing in piscary demand to reflag Korean deep-sea fishing vessels or to ratify the STCW-F convention.

A Study on Factors that Trigger Human Errors Related to Causes of Ship Collisions (선박충돌사고 원인과 관련된 인적과실 유발요인에 관한 연구)

  • Kim, Dae-Sik
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.7
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    • pp.801-809
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    • 2017
  • The purpose of this study is to contribute to the prevention of ship collisions by investigating real ship collision cases and statistically analyzing causes of human error for captains and Officers of the Watch (OOW). This study encompassed a total of 109 cases for 218 vessels, which were suitable for the analysis of ship accidents between merchant ships or merchant ships and fishing boats over the 7 years from 2010 to 2016. Data was collected while classifying vessels according to type, Give-way and Stand-on vessels, along with the cause of human error. Factors causing human error were identified after focusing on the cause of each collision given by the OOW ; frequency and cross tabulation analyses were conducted using SPSS, a statistical analysis tool. As a result, the main causes of human error by an OOW in a ship collision situation were that lookout was neglected in a Give-way vessel including radar surveillance (74.3 %) or continuous observation of an opponent vessel was carried out (17.4 %). A major factor for Stand-on vessels was failure to act to avoid collision with another vessel (63.3 %). In particular, most neglect for lookout type merchant ships occurred after the opponent ship was first observed, and a common cause of lookout neglect and neglect of duty was a focus on other tasks during navigational watch time.

A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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