소형선박 조종사 면허제도의 개선방안에 관한 연구

김종관(Jong-Kwan KIM),박성호(Sung-Ho PARK) 한국수산해양교육학회 2020 水産海洋敎育硏究 Vol.32 No.2

A number of small ship is made up a large portion of ships and the number of person holding a small ship operating license has increasing. In particular, marine accidents on ships which is less than GT 5 tons continue to increase. However, there are many difficulties and limitations in systematic management because the Ship Personnel Act is not applied. Therefore, this study is analyzed the problems of the current small ship operator license system comparing other countries. As a result, it was confirmed that small ship operator license system of Korea is a single system, but most countries are subdivided based on the ships navigation area and the size of the ship. In particular, in Japan where the license system is similar to that of Korea, the types of small ship operator license and their crews qualifications were subdivided. As a result, this study is suggested the improvement plan for the small ship operator license system in Korea. First, it proposed a further subdivision of licenses and extending it to less than GT 5 tons. Second, requirements of the current license and the newly established license were distinguished. the operation plan of the revised license system was presented. Lastly, according to the revised licensing system, qualified standard to work for each class of license was presented. However, this study is limited to improving the system for small ships operator license. It is necessary to further studies such as establishing a more detailed license system in the future.

A Study on the Suggestion of A Basis Direction for the Development of Ship Management Industries in Korea

진호현(Jin Ho-Hyun) 한국해양비즈니스학회 2020 해양비즈니스 Vol.- No.45

Korea is the world s seventh largest shipping country, the world s No.1 shipbuilding country and leading the world in IoT industries, which the ship management industry has sufficient and favorable conditions for development, but it has not been completed so far. The Korea has abundant maritime human resources. And it has the infrastructure to run the shipping company, and is ready to accept changes in the shipping industry by the fourth industrial revolution. The reason why, Korea needs to foster and develop ship management industry should be optional. This is because the main driving force for Korea s industry is abundant human resources based on technology. the ship management industry is a technology-based service industry based on ships. Therefore, human resources with technical operational skills are essential. To the development of ship management industry it should be supported are a few key elements. The scale-up of ship management industry is considered to be the biggest factor for ship owners in charge of ships, and this scale-up is the most oriented element because it has a virtuous cycle structure in the circulation structure. The actual management of ships is in the hands of superintendents, so their capacity building is important. And It is important to change the aspects of ship management marketing. In this paper, several improvement measures are proposed for the development of the Korea ship management industries as follow. There is diversification of ship management expert training, strengthening role and functions of the Korea Ship Managers Association, use of excellent ship management company certification system, marketing strategy and influence and response of the fourth industrial revolution of the maritime field.

The Study on Impacts of Mega Container ships on Ports

( Jong Sil Baik ) 한국물류학회 2017 The Pan-Pacific Journal of Supply Chain Management Vol.1 No.1

Ships are getting bigger in size and mega ships are the new generation of container ships. Good signal of market, economic and commercial advantages offered by mega ships outweigh its limitations that liner operators make a lot of effort to overcome. As each alliance has placed orders for large vessels, it has placed pressure on others to follow to ensure unit cost parity. Seeing port calls increasingly rationalised by alliance members, ports face the probability of squeezed margins for the business that they retain as alliances look to joint bargaining to secure volume-related discounts. Mega container ships had brought about cost savings for carriers, decreased maritime transport costs and as such facilitated global trade in the past. However, larger ships require somewhat adaptations of port infrastructure, container handling equipment and cause larger peaks in container traffic in ports, with wide ranging impacts. Both developments in the liner shipping market have a major impact on the ports and terminal operations. Therefore, this paper will discuss the overview of container ship development, the reasons for the strong development of the ship size for the last period and important commercial and technical challenge as its limitation. Moreover, the paper will focus on the strategies for liner operators and how to deal with mega ships. And this report assesses if the benefits of the current mega container ships still outweigh their costs to the whole transport chain.

선박공간분석을 통한 실습전용선박의 선박능력 평가 기준에 관한 연구

박기태 해양환경안전학회 2022 해양환경안전학회지 Vol.28 No.1

Ships are built according to the purpose and operated with individual goals. Operational goals are reflected in the design of the ships and become the main criterion for determining the required ship ability. In general, cargo ships and passenger ships are objectively evaluated in terms of the operation part of the ship and the capacity part of the cargo or passenger, centering on their transportation ability. In consideration of the required ship ability, the built ship can expect effects such as economic feasibility and eco-friendliness in addition to basic characteristics such as stability. Accordingly, the concept of ship ability is expected to be effectively used in the field of training-only ship management by each institution, which plays a pivotal role in training ship-officers. In this study, the basic direction was verified for the ship ability evaluation criteria of training-only ships through the analysis of the internal space of two training-only ships of the Korea Institute of Maritime and Fisheries Technology, which were recently built with a time lag. In the process of building training-only ship or general-purpose training ship, the possibility of using the ship ability standards in securing budget and designing was derived. 선박들은 목적에 따라 건조되어 개별의 목표를 가지고 운영된다. 운영상 목표는 선박의 설계에 반영되어 필요한 선박능력을 결정하는 주요 기준이 된다. 일반적으로 화물선과 여객선은 수송능력을 중심으로 선박의 운항부분과 화물 또는 여객의 수용능력부분으로 선박능력이 객관적으로 평가되고 있다. 필요한 선박능력을 감안하여 건조된 선박은 안정성과 같은 기본적인 특성 외에 경제성, 친환경성 등의 효과들 또한 기대 할 수 있다. 이에 따라 국내 해기사 양성에서 중추적인 역할을 하고 있는 각 기관의 실습전용선박 관리 분야에서도 선박능력 개념의 효과적인 활용이 기대된다. 본 연구에서는 최근 시차를 두고 건조된 한국해양수산연수원의 실습전용선박 2척의 선박 내부 공간 분석을 통하여 실습전용선박의 선박능력 평가 기준에 대해 기초적인 방향성을 확인하였으며 국내의 실습전용선박 또는 범용실습선박 건조 과정 중 예산확보와 설계에서 선박능력 기준의 활용 가능성을 도출하였다.

선박 선체에 대한 수리작업 공정분석에 관한 연구

전창수 ( Chang-su Jeon ) 한국산업융합학회 2023 한국산업융합학회 논문집 Vol.26 No.6

The global ship repair and modification market is expected to grow up to approximately $ 30 billion by 2025. Korea’s shipbuilding industry is leading the world grounded on its international competitiveness in design and production technology. The reality, however, is that the ship repair and modification industry is centered on Gyeongnam, and there are only two to three ship repair workplaces that can repair large ships. Therefore, domestic ship repair companies target small and medium-sized ships mainly. This is because there are few workplaces equipped with a large dock in which large ships like LNG ships can be inspected regularly or repaired, complaints are severe for environmental problems, and related environmental regulations are so strict that it is very hard to obtain government approval for the extension of ship repair and modification workplaces or the opening of new shipbuilding sites. Besides, on account of the workers’ high wages, few experts related, and higher ship repair price compared to that of Southeast Asia, most of the volume of repairing large ships including domestic LNG ships is being lost to Southeast Asian or Chinese markets. In this study, the work process and pre-work preparation process for ship hull (winch, windlass, hatch cover, ramp door, cargo gear, anchor chain) repair were analyzed and presented to foster domestic ship repair experts and revitalize related industries.

선박국적제도의 국제법상 의의와 국적취득조건부나용선 선박의 통관 문제

민성규 ( Seong Kyoo Min ),최재수 ( Jae Soo Choi ) 한국해법학회 2004 韓國海法學會誌 Vol.26 No.2

This is a study on the bareboat charter with hire purchase option(BBCHPO) and on the legal matters pertaining to it. In the early stages of acquiring and disposing second hand ships in 1960`s, as a peculiar shipping finance arrangement, BBCHPO was generated between Korean charterers and Japanese ship owners It rendered a great contribution to the expansion and development of Korean shipping industry. Ever since BBCHPO has become very widespread in the shipping circles the world over and resulted in the drawing up of Barecon 89 standard bareboat charter by the Baltic International Maritime Council(BIMCO). In commercial terms it is a contract for the lease of a ship for a stipulated period of time by virtue of which the lessee has complete possession(but not ownership) and control of the ship, including the right to appoint the master and crew of the ship for the duration of the lease. This lease mechanism has been widely used in the air industry where the majority of airlines operate with leased aircraft. Especially in the 1970`s, there was the realization that bareboat charter registration could offer potentially important benefits in facilitating ship finance and in enabling a sound growth of maritime enterprises in developing countries. By the late 1970s and early 1980s, there was already a level of international acceptance when early in 1986 the United Nations Conference on Conditions for Registration of Ships produced an instrument which became the first international convention expressly to approve the open registry and basic` concept of bareboat charter registration. Despite the fact that the legal and regulatory framework of this BBCHPO can be compatible and in conformity with internationally accepted principles, there still remains a lingering doubt, ignorance and misunderstanding among Korean administrative or judiciary authorities. In taking advantage of the BBCHPO arrangement, some shipping companies were investigated and even suffered punishment on charges of violation of Laws of Customs and Foreign Exchange Control. It is strongly urged that shipping enterprises should clear the matter by taking legal proceedings against investigation officials whenever there is investigation or unilateral and strained interpretation of this system by the all-powerful administrative authorities.

선박의 등기 및 등록에 대한 연구 - 현행법상 문제점 검토를 중심으로 -

최세련 한국상사법학회 2018 商事法硏究 Vol.36 No.4

In Korea, there are two systems of ship registry and ship registration in connection with public announcement system of ship. On the other hand, depending on the gross tonnage of the ship, (i) ship registry and ship registration are all required, (ii) ship registration is required without ship registry, and/or (iii) ship registration is not required. Special cases such as fishing vessels may require registration under other laws besides the Ship Act. These are also applied to the transfer of ownership of the vessel. In each case, there is a difference in its effect, respectively. Korean registration of ship registry and ship registration is very complicated. Later, it would be good to have a unified legal system for registry and registration of the ship. Regarding the transfer of ownership, in case that ship registry and ship registration are all required, it is desirable that the transfer of ownership takes effect after ship registry and/or ship registration. In case that ship registration is required without ship registry, the current rule should be replaced with the Korean Commercial Code instead of the Ship Act. In addition, recognition of both ship registry and registration results in increased complexity and cost of the procedure. Therefore, it would be preferable to adopt a unification plan for ship registration. 우리나라는 선박의 공시와 관련하여 선박등기 및 선박등록의 두 가지 제도를 두고 있다. 한편 선박의 총톤수에 따라 (i) 등기 및 등록 모두를 요구하는 경우, (ii) 등기 없이 등록만 요구하는 경우 및 (iii) 등록조차 요구하지 않는 경우로 구분되는데, 어선과 같은 특수한 경우는 선박법 외에 다른 법에 따라 등록을 해야 하는 경우도 있다. 이는 선박소유권의 이전에도 적용되는데, 등기 및 등록 모두를 요구하는 경우와 등기 없이 등록만 요구하는 경우 그 효력이 다르는 등 체계적이지도 못하다. 현행 등기 및 등록에 대한 근거조문은 여러 행정법규에 산재되어 있어 매우 복잡하게 되어 있으므로, 추후 선박의 등기 및 등록에 대한 통일적인 법제를 마련하는 것이 좋을 것이다. 소유권의 이전과 관련하여서는 등기 및 등록 모두를 요구하는 경우 민법의 일반원칙인 성립요건주의에 따라 등기/등록을 하여야 효력이 생기는 것으로 하는 것이 바람직하다. 등기 없이 등록만 요구하는 경우는 현재와 같이 성립요건주의를 유지하되, 근거 규정이 선박법에 있으므로 이를 상법으로 옮겨서 규정하는 것이 좋을 것이다. 아울러 현재처럼 선박의 등기 및 등록을 모두 인정하는 이원주의를 유지하는 것은 절차의 복잡함과 비용의 증가만 초래하므로 선박 등록으로의 일원화 방안을 채택할 필요가 있다.

선박의 국적, 등록 및 등기에 관한 몇 가지 문제

이필복 한국해법학회 2021 韓國海法學會誌 Vol.43 No.1

The nationality of ships is a concept indicating that a ship is belonged under the jurisdiction of a country. The nationality of ships is important and functionally useful concept in the context of both public and private international law. Firstly, in the context of the public international law, the concept of the nationality of ships makes it possible for the states to exercise its national jurisdiction and control over the ship flying its flag. This is conducive to preserve and enhence the safety and order of voyage in the high seas. Secondly, in the context of private international law, the nationality of ships functions as an influential connecting factor between the applicable law or forum and a specific legal issues or cases related to the maritime matters. However, it is required to be cautious about applying the nationality of ships as a connecting factor in the context of private international law, for the usage of ‘flag convenience(open registration)’ is widely utilized in maritime practices and the validity of it is virtually recognised in the context of public international law today. In Korea, there are the two types of publication system for the ships flying Korean flag. The one is a ‘recordation(= registration)’ and the other one is a ‘title registration(= the registration for rights)’. The recordation functions as a condition for the acquisition of Korean nationality and a method for the publication of the factual status of a ship. On the other hand, the title registration functions as a method for the publication of the variation of legal rights(ownership, mortgage, and the rights of bare charterer) entitled for a ship. The Korean ships can be generally categorized as three types in the aspect of publication-a ship requires both recordation and title registration, a ship only requires recordation, and a ship even recordation is not required. Respective types of ships are treated differently for the legal relationship connected with the recordation or title registration. Therefore, it is required to clearly understand the different legal treatment for each types connected with the recordation or title registration, to adequately resolve the substantive legal dispute concerning the maritime matters. 이 글은 선박의 국적, 등록 및 등기와 관련하여 중요한 몇 가지 문제들에 관하여 체계적으로 분석하고 정리한 글이다. 선박의 국적은 선박이 어느 나라에 귀속하는가를 나타내는 것으로, 국제법적 맥락 그리고 국제사법적 맥락에서 중요한 개념이다. 선박의 국적은 국제법적 맥락에서, 공해에서 그 선박에 대한 기국의 국가관할권 행사와 통제를 가능케 함으로써 공해상에서의 항해의 안전과 질서를 보장하고 증진하는 기능을 한다. 또한 선박의 국적은 국제사법적 맥락에서, 어떠한 해사법률관계와 법정지 또는 준거법을 연결하는 영향력 있는 연결점으로 기능한다. 그러나 오늘날 편의치적이 널리 이용되고 있고 국제법적 맥락에서 그 유효성을 사실상 승인받고 있는바, 이러한 사실적ㆍ규범적 상태로 말미암아 국제사법적 연결점으로서 선박의 국적을 활용함에 있어 주의할 필요가 있다. 한국선박에 대하여는 등록과 등기라는 두 가지 유형의 공시제도가 적용된다. 선박의 등록은 국적취득의 효력발생요건이자 선박의 현황을 공시하는 기능을 한다. 이와 달리 선박의 등기는 선박에 관한 권리(소유권, 저당권, 임차권)의 공시를 목적으로 한다. 한국선박은 크게 등기선, 등록선, 그리고 비등록선으로 나눌 수 있고, 각 유형별로 그 등록 또는 등기에 따른 법률관계에 차이가 있다. 그러므로 실체법적 문제의 정확한 해결을 위하여 각 유형별 등록 또는 등기에 따른 법률관계 상 차이를 명확히 이해할 필요가 있다.

선박금융의 법적 구조에 관한 연구

정재 ( Dae Chung ) 제주대학교 법과정책연구원 2012 法과 政策 Vol.18 No.2

Ship finance or shipping finance is closely related to shipping industry, shipbuilding industry and banking industry. A ship is the most important asset in a shipping company. Therefore, the executives of shipping company should make a prudent decision in respect of shipbuilding because shipbuilding is long-term and price of ship is very expensive. In this connection, a bank is reluctant to make a loan to a shipping company for the purchase of a ship. The reason is that both corporate governance structure and financial structure of a shipping company are not clear and transparent. There are various, complex contracts in respect of ship finance. First, there is a shipbuilding contract between a shipping company and a shipyard. Second, a shipping company receives the refund guarantee from a bank because a shipping company needs to obtain advance payments in case of builder`s default. Third, the special purpose company which a shipping company established makes contracts for carriage by sea, such as time charterparty, voyage charterparty and bareboat charter. Fourth, marine insurance contract plays an important role in ship finance. Lastly, a loan agreement as the most important contract is made on the basis of term sheet. In this article, firstly concept and characteristics of ship finance are defined and introduced. Secondly, various contracts in respect of ship finance are well studied and analyzed. Hopefully, this article may play an important role in solving various legal problems arising from ship finance. In addition, this article may contribute to making a deep study on ship finance in the future.

Effects of the rebounding of a striking ship on structural crashworthiness during ship-ship collision

Rio Prabowo, Aditya,Myung Bae, Dong,Min Sohn, Jung,Fauzan Zakki, Ahmad,Cao, Bo,Hyung Cho, Joung Elsevier 2017 Thin-Walled Structures Vol.115 No.-

<P><B>Abstract</B></P> <P>The purpose of this paper is to study the rebounding phenomenon of a striking ship and its effect on the structural crashworthiness of the struck ship. Pioneer works on ship collision and mathematical formulations to assess energy after collision are described to summarize the behaviour of the ship structure under collision between ships in various scenarios. A benchmark study is conducted using laboratory tests of the resistance to penetration of a stiffened plate to validate the methodology of the present work, which uses finite element methods to model a series of dynamic collision scenarios. The setting and configuration of a full-scale collision analysis is introduced, along with the configurations of the defined scenarios. External and internal ship collision parameters are considered as parameters that will affect structural behaviour prior to and after ruptures. The results of the evaluation indicate that in the event of a side collision, the striking ship can either fully stuck or rebounding phenomena. These phenomena produce significant differences in term of internal energy and crushing force, which are included as crashworthiness criteria. The type of striking ship, as well as its velocity, significantly affects the rebounding of the striking ship and behaviour of the struck ship. A notable gap between medium and high-carbon steels is not found during observations of the structural crashworthiness accounting for structure materials. Finally, other criteria for assessing the mechanisms and effects of rebounding during a collision are summarized, i.e. kinetic energy, acceleration, and extent of damage.</P> <P><B>Highlights</B></P> <P> <UL> <LI> Structural crashworthiness in side collision and ship’s rebounding are presented. </LI> <LI> Benchmark study is conducted before a series of collision scenario is calculated. </LI> <LI> Numerical experiment is performed to calculate the defined collision scenario. </LI> <LI> Significant difference is shown during fully-struck and rebounding scenarios. </LI> <LI> Zero-movement state is experienced by the striking ship before rebounding occurs. </LI> </UL> </P>