• Title/Summary/Keyword: the Law of Marine Environmental Management

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A Study on the Self Monitoring System of Marine Pollution from ship (선박의 해양오염 자율점검제도에 관한 연구)

  • Kim, Young-Hwan;Ko, Seong-Duk;Choi, Hyun-Kue;Lim, Byung-Man
    • Proceedings of KOSOMES biannual meeting
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    • 2008.05a
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    • pp.101-104
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    • 2008
  • Inspection of Ship for the Prevention of Marine Pollution, that is After checking system of Marine Pollution according to the 115th of the Law of the Marine Environmental Management, that has been Marine Environmental Surveillant working on the Korea Coast Guard, aboard a ship, inspect to the normal operating q the Marine pollution Prevention Equipment and to Keep, Recording and Management well of All Recording Book of Marine Pollution Materials and to Check the treat results that dust oil and waste mater and discharge from ship during 30years, from 1978 to 2007 year. We offered the new inspection system that the Self Monitoring System that is the ship owner and Captain Voluntary Management the Marine Pollution Equipment for the prevent the marine pollution for the Unburden the Economical Activities and Unbiased of Ship's Crew.

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Improvement of Review System on Sea Area Utilization-Impact by Marine Environmental Management Law (해양환경관리법상 해역이용영향 검토기관의 발전방향)

  • Lee, Dae-In;Eom, Ki-Hyuk;Kim, Gui-Young;Jang, Ju-Hyoung
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.11 no.1
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    • pp.55-62
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    • 2008
  • This study investigated the status and problems of marine-related environmental impact assessment and a utilization-consultation system in Korea and suggested improvement of the review organization. Also, it conducted SWOT analysis based on evaluation of functions, roles and performance of the marine environmental impact assessment center and proposed development strategies of the center through introduction of expert opinions and advanced systems. The performance statement-review by the center in 2007 included 358 cases in total; 165 (46.1%) for consultation on utilization of sea area, 104 for environmental impact assessment (29.0%), and 89 (24.9%) for prior environmental review. The consultation on utilization of sea area can be divided into that for public water surface-use (41%) and reclamation (32%), and sea aggregate extraction process (21%). Although bad impacts on marine environment are reducing under the current system, there are some limits and problems to supplement it in terms of content, system and operation. Review system on sea area utilization-impact(marine environmental impact assessment center) by marine environmental management law needs to obtain expertise, fairness and efficiency and, to do so, have operational supports and institutional improvement to maximize its own functions and roles. At the same time, it is necessary for the center to establish identity and the status as a professional review organization by setting active development strategies inside the center. Finally, it should strengthen an consultation system of marine environmental impact assessment led by the related ministry to achieve effective coastal management.

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Prospects for Building a Legal System for Marine Environment Protection in China (중국의 해양환경법제 분석과 전개방향에 관한 고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Park, Su-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
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    • v.30 no.1
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    • pp.89-107
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    • 2008
  • Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

Improvement of the Consultation Systems Governing Fishery Resource Management in the Development of Coastal Areas (연안이용 및 개발에 따른 수산자원관리 실효성 제고를 위한 협의제도 개선방안)

  • Lee, Dae-In;Eom, Ki-Hyuk;Kim, Gui-Young
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.41 no.5
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    • pp.399-404
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    • 2008
  • This paper proposes revisions in the law governing assessments of the environmental impact of marine projects. In particular, we suggest strengthening the consultative role of the Ministry for Food, Agriculture, Forestry and Fisheries (MIFAFF), the agency responsible for regulating coastal area utilization and development, in order to improve the system by which fishery resources are managed, thus preventing negative environmental impact. Moreover, such an improved impact assessment statement would include reasonable evaluations of the dispersion of pollutants, such as the suspended solids generated by construction projects, as well as of the dredging, dumping and sand mining involved in coastal area reclamation. Thus, public confidence in the latter would be increased by the development and implementation of standardized and consistent guidelines addressing environmental research, simulation processes and evaluations of data.

Connectivity and Effectiveness of Marine Protected Areas on the West Coast of Korea within the Yellow Sea Large Marine Ecosystem

  • Lee, Eun-Kyung;Lee, Junseok;Lee, Chang-Rae;Choi, Keun-Hyung
    • Ocean and Polar Research
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    • v.44 no.3
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    • pp.249-260
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    • 2022
  • This mini review examines the habitat connectivity and effectiveness of Korean Marine Protected Areas (MPAs) in the Yellow Sea Large Marine Ecosystem (YSLME) region. We first reemphasize that the Korean region of the YSLME is a single ecosystem (ecoregion) given the biophysical distribution patterns. The MPAs within the YSLME contribute about 50% to the total MPAs in Korea, accounting for about 10% of the territorial sea waters of Korea and 20% of the waters of YSLME on the Korean side. By area, national parks account for nearly 45% of the MPAs, followed by the wetland protected areas at 25%, with other types of MPA comprising the remaining 30%. Large MPA (> 100 km2) is the dominant type of MPA, accounting for 90% of the total area. We find that MPAs in the region are connected physically and perhaps also genetically. However, the level of protection was found to be low, and a no-take zone is rarely implemented. In addition, interrupted freshwater discharge caused by river-mouth dams poses a major hindrance to the physical connectivity of the MPAs. Restoration of the river-mouth dams and strengthened regulation on MPAs, with further expansion of MPAs in line with the current development of post-2020 global biodiversity frameworks, should be priorities for better management of marine resources. The newly revised law incorporating the concept of "Marine Ecosystem Axis Management" would reinforce the processes, and their effectiveness together with overall management of MPAs in Korea should be evaluated by designing appropriate measurement tools.

A Study on the Legal Nature of the Duty to Arrange Spill Clean-up Equipment and the Issue on the Justification of Its Privatization (방제선 등 배치의무의 법적 성질 및 민간개방의 정당성에 관한 연구)

  • Lee, Jung Won
    • Ocean policy research
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    • v.33 no.2
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    • pp.83-119
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    • 2018
  • Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

A Study on the Problems and Improvement of the Safety Management Law of Nuclear Facilities -Focused on Safety Management of Aquatic Products- (원자력시설 안전관리 법제의 문제점과 개선방안 연구 -수산물의 안전관리를 중심으로-)

  • Lee, Woo-Do
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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    • pp.23-40
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    • 2019
  • The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

A Study on the Development Strategy of Jeju Marine Leisure Equipment Industry (제주도 해양레저장비산업 육성 방안에 대한 고찰)

  • Lee, Young-Jin;Song, Young-Min
    • Journal of Fisheries and Marine Sciences Education
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    • v.24 no.2
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    • pp.286-301
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    • 2012
  • This study was to consider the development strategy of Jeju Marine leisure equipment industry for facilitating marine leisure tourism industry. For achieving this goal, the case studies related to domestic & foreign marine leisure equipment industry, interviews of marine leisure equipment company, the contents of specialist consultation meeting were used in this study. The strategies for promoting were suggested in progress that step 1 was the expansion of maintenance infrastructure as of a port of call, step 2 was the establishing of marie leisure tourism image, step 3 was the integration of marine leisure equipment industry. More specific suggestions were followed. As an aspect of infrastructure, the expansion of management of marine leisure equipment such as yacht, development of marina having similar image of Jeju were suggested. As an aspect of law/institution, the development of financial support system on the marine leisure equipment, promotion of establishment of professional education institutions were suggested. As an aspect of contents/programs, the hosting the exhibition of marine leisure used equipment of international trade, the development of environmental-friendly program associated with cruise were suggested, Finally, as an aspect of promotion/marketing, the promotions linked with drama & movie industry, the strategy of improvement of negative image to the yacht industry were suggested.

Ship's Hull Fouling Management and In-Water Cleaning Techniques (선체부착생물관리와 수중제거기술)

  • Hyun, Bonggil;Jang, Pung-Guk;Shin, Kyoungsoon;Kang, Jung-Hoon;Jang, Min-Chul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.6
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    • pp.785-795
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    • 2018
  • The International Maritime Organization (IMO) has recognized the risk of hull fouling and announced '2011 Guidelines for the control and management of ship's biofouling to minimize the transfer of invasive aquatic species'and is planning international regulations to enforce them in the future. In this study, to effectively respond to future international regulation, we introduce the case of leading countries related to management of hull fouling and also investigate environmental risk assessment techniques for in-water cleaning. Australia and New Zealand, the leading countries in hull fouling management, have established hull fouling regulations through biological and chemical risk assessment based on in-water cleaning scenarios. Most European countries without their government regulation have been found to perform in-water cleaning in accordance with the IMO's hull fouling regulations. In the Republic of Korea, there is no domestic law for hull fouling organisms, and only approximately 17 species of marine ecological disturbance organisms, are designated and managed under the Marine Ecosystem Law. Since in-water cleaning is accompanied by diffusion of alien species and release of chemical substances into aquatic environments, results from biological as well as chemical risk assessment are performed separately, and then evaluation of in-water cleaning permission is judged by combining these two results. Biological risk assessment created 40 codes of in-water cleaning scenarios, and calculated Risk Priority Number (RPN) scores based on key factors that affect intrusion of alien species during in-water cleaning. Chemical risk assessment was performed using the MAMPEC (Marine Antifoulant Model to Predict Environmental Concentrations), to determine PEC and PNEC values based on copper concentration released during in-water cleaning. Finally, if the PEC/PNEC ratio is >1, it means that chemical risk is high. Based on the assumption that the R/V EARDO ship performs in-water cleaning at Busan's Gamcheon Port, biological risk was estimated to be low due to the RPN value was <10,000, but the PEC/PNEC ratio was higher than 1, it was evaluated as impossible for in-water cleaning. Therefore, it will be necessary for the Republic of Korea to develop the in-water cleaning technology by referring to the case of leading countries and to establish domestic law of ship's hull fouling management, suitable for domestic harbors.

A Study on the Development the Maritime Safety Assessment Model in Korea Waterway

  • Park, Young-Soo;Kim, Jong-Sung;Aydogdu, Volkan
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.567-574
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    • 2013
  • Although Korea coastal area has the increasing potential marine accident due to frequent ship's encounter, increased vessel traffic and large vessel, there is no specific model to evaluate the navigating vessel's risk considering the domestic traffic situation. The maritime transport environmental assessment is necessary due to the amended maritime traffic law. However, marine safety diagnosis is now carried out by foreign model. In this paper, therefore, we suggest a domestic traffic model reflecting the characteristics of korea coastal area and navigator's risk as we named PARK(Potential Assessment of Risk) model. We can evaluate the subjective risk by establishing the model and model output into maritime risk exposure system. To evaluate this model's effectiveness, we used ship handling simulation and applied, analyzed collision accident which occurred in korea coastal area. And also, we applied integrated to an ECDIS program for monitoring traffic risk of vessels with real time based AIS data and apply to evaluate traffic risk in busan harbor waterway. As a result, we could evaluate busan harbor waterway risk effectively.