• 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 the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.698-707
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• 2019

The removal of oil spilled by the sinking of a foreign ship in Korea's Exclusive Economic Zone (EEZ) began in May 2019 four years after the ship sunk near Jeju Island. The cleanup was conducted by a foreign company that was contracted to the ship-owner's protection & indemnity (P&I) insurance company. In contrast to the time taken to begin the cleanup, the operation itself was completed in just 22days. Compared to similar cases, the decision to begin the removal was a delayed one. This study analyzes all 93 documents related to the ship's sinking and the eventual cleanup, confirming delays in administrative decision-making on the removal, and identifies factors that influenced this delay. These factors include a neglect of accident-related data verification, and other, legal, technical, environmental, and human aspects. Finally, this study suggests ways to improve decision-making efficiency. As the first study dealing with the cleanup in the EEZ, this research is expected to facilitate decision-making and influence the formulation of policies in the future.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.15 no.4
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• pp.591-598
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• 2002

In the ship structural design, the material cost of hull weight and the overall cost of construction processes should be minimized considering safety and reliability. In the past, minimum weight design has been mainly focused on reducing material cost and increasing dead weight reflect the interests of a ship's owner. But, in the past experience, the minimum weight design has been inevitably lead to increasing the construction cost. Therefore, it is necessary that the designer of ship structure should consider both structural weight and construction cost. In this point of view, multi-objective optimization technique is proposed to design the ship structure in this study. According to the proposed algorithm, the results of optimization were compared to the structural design of actual VLCC(Very Large Crude Oil Carrier). Objective functions were weight cost and construction cost of VLCC, and ES(Evolution Strategies), one of the stochastic search methods, was used as an optimization solver. For the scantlings of members and the estimations of objectives, classification rule was adopted for the longitudinal members, and the direct calculation method, GSDM(Generalized Slope Deflection Method), lot the transverse members. To choose the most economical design point among the results of Pareto optimal set, RFR(Required Freight Rate) was evaluated for each Pareto point, and compared to actual ship.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Journal of the Society of Naval Architects of Korea
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• v.52 no.5
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• pp.418-424
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• 2015

This paper is about the bow structure design of the ship-typed and turret moored FPSO which is subjected to the bow-flare slamming load in harsh North Sea environments. Quad 204 FPSO project involves the redevelopment of the existing Schiehallion FPSO which is damaged by impact wave loads. Normally all offshore systems including FPSO are designed to withstand the 100 year storm I.e. the storm that happens once every hundred years at the location where the system is installed. Several incidents have revealed that impact loading is important issue for moored floating production systems. In this paper, the design impact loads are estimated considering the ship owner’s specification, measured data from model tests, requirements of the classification society rules and results of numerical simulation analyses. The impact pressure by numerical analysis is 1.8 times greater than required value by CSR adopted by IACS. Based on the selected design load, plastic design formulae allowing the local material yielding are applied for the initial scantling of the bow structure. To verify the structural integrity, FE analyses are carried out considering the local area subjected to the impact wave loads. Their results such as structural arrangement, design loads and scantlings are shown and discussed. It is found that plastic design formulae in adopting Initial design phase give sufficiently conservative results in terms of structural strength.

• Journal of the Society of Naval Architects of Korea
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• v.52 no.5
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• pp.395-406
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• 2015

The Ballast Water Treatment System was developed to prevent the unintended transport of unwanted organisms from one region to another as demanded by the IMO (International Maritime Organization). Although various types of BWTS in the world have been developed until now and applied to various ships, there has been no systematic basis for its selection and installation. Currently, the system selection and installation are as per ship owner’s suggestion or by easy installation point of view by the shipyard. In order to organize, systemize and solve problems related to the selection and installation of BWTS, a definitive study has been performed to come up with the best alternative to derive value and criteria which were to be met for vessels which are to be equipped with BWTS. Multiple criteria were compared alongside each other during the course of this study. Accordingly an AHP (Analytic Hierarchy Process) analysis method for A, B and C companies were done for container ships with size 10,000 TEU and above. Equipment type for “A” company is “Filter, UV & TiO2” combined type. For “B” company it is “Filter & UV” combined type. Finally for “C” company it is “Electrolysis” type. Henceforth, the results of this study aims to come up with the optimum way to select the best and the most suitable BWTS for a certain vessel.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.237-244
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• 2008

The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.

• Special Issue of the Society of Naval Architects of Korea
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• 2011.09a
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• pp.25-31
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• 2011

The performance of fan for engine room of ship is absolutely important when it take into consideration work efficiency, work condition, and the performance of various equipments. Fan performance test should be carried out during sea trial to satisfy owner's requirement as above mentioned. We have considered various values to affect fan test result. In here, various values are to be silencer, fan inlet shape, and arrangement of fan room. In general, the shapes of fan inlet is overall circular type because of the shapes of axial fan. So, all vessels built at SHI have been applied fan inlet of circular type. And now, in order to reduce sound of noise from supply fan, big silencer often has been installed at high value vessels. In this case, the capacity of supplied air can be insufficient due to silencer which is an obstructer about air flow. In this paper, we have studied the performance of fan through comparison between a circular shape and a square shape of fan inlet. We also compare with CFD results and experimental results.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.39-65
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• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.