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우보연 한국외국어대학교 법학연구소 2010 외법논집 Vol.34 No.4
A case to be a problem under the towage contract is a collision accident occurred during the sailing by tug operation. In this respect, consideration regarding allocating responsibility of the tug and tow is required if the collision occurs between them or damages to the third party. Specifically, the theory of identification which treat the tug and tow as a unit due to navigation problem is applied to compensation for damages because of collision, or theory of separation between tug and tow as dividing the compensation for damages responsibility by tug and tow, and theory of knock for knock which each owner of vessels pays their own damages. A concern for responsibility between tug and tow should be complied with condition of towage contract and each party should pay its own damage regardless of negligence pursuant to the clause of Knock for Knock. If the towage contract is not included with the clause of Knock for Knock, then it should find out the main agent regarding the damage as judging the crews and person who gives a direction for towing then impose the charge of compensation for damages. Moreover, a declaration of general average and compensation are not performed even though towage operation is included in a scope of general average on York-Antwerp Rule regarding the general average. Certainly, the general average is not necessarily occurred but, tow, in particular, is placed on the freight in cased of carriage contract can be valid for general average in accordance with law property of towage contract.
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편의치적선(便宜置籍船)에 대한 법적(法的) 규제(規制)와 대응(對應)에 관한 고찰(考察)
우보연 ( Woo Bo-yeon ) 한국외국어대학교 법학연구소 2010 외법논집 Vol.34 No.1
The peculiar international shipping registration system called Flags of Convenience is the system to put a registration of a ship in the third nation for the purpose of a convenience of the shipping operation expenses, tax reduction and sailor employment of low wages. Many states are utilizing this system up to now by the efficiency of Flags of convenience. But appearance of a sub-standard ship raised a problem same as a shipping safety, seaman's qualification, practice and international safety. So international society concluded an international agreement through IMO and ILO to regulate a flags of convenience ship. Marine transportation countries accepted a SOLAS agreement, STCW agreement and MARPOL agreement, etc, and prevented a port entrance and leaving through Port State Control. In Korea, a flags of convenience ship is regulated by activity of Port State Control and activity of ITF and a government performs an international shipping registration system for tax support to shipping registration and a foreigner sailor embarkation to the purpose which prevents flagging-out. The Court judged to a flags of convenience ship guilty of the tax evasion crime of customs duties by reason of customs law violation.
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우보연 ( Woo Bo-yeon ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.3
This paper is to study improvement of the ship public announcement regime. A ship public announcement regime consists of public announcement of a registered ship, registration ship and other ships. A ship which is to be registered gives a public notice by registry and registration. The other ship makes a public announcement by deliver. A ship which is to be registered is divided into ship of more than 20 tons of gross tonnage, flotation of more than 100 tons of gross tonnage and small-sized vehicles of less than 20 tons of gross tonnage. The other ship is ship of less than 5 tons of gross tonnage which is managed like a movable property. The ship public announcement system is very complicated, so it's difficult to understand. The complicated registration procedure is very efficient. Therefore this study suggests improvement of ship public announcement regime. First, By amending the Ship Registry Act, the coverage of registry is extended to small-sized vehicles. Second, it is reasonable to amend the Ship Act, which makes a new integrated ship registration procedure that ship including international ship can be registered.
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정영석,우보연 국제거래법학회 2007 國際去來法硏究 Vol.16 No.2
A Study on Frustration Doctrine of Time Charter Party 定期傭船契約上의 프러스트레이션 法理에 관한 硏究
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