船員災害補償에 대한 强制保險의 比較硏究

黃錫甲,金成煥 한국해양대학교 국제해양연구소 2001 韓國海洋大學校 人文社會科學論叢 Vol.13 No.1

I have comparative studied insurance system relating to Seamen's Accident Compensation comparing with the Seafarers Act. So, I want to suggest its improvement measures as the solving way of its problems. It is the legal system for the shipowner to compensate the crew under the missing of crew or the losing of personal article. Also, the shipowner must be the insured of seamen in order to perform the seamen's accident compensation entirely, and the insurance by the National Federation of Fisheries Cooperative Act and Korea Shipping Association Act musto be included to this insurance, and thus there is the social securing scope as well as living securing scope in this insurance. With regard to the security of the seamen's accident compensation as indicated in the aboves, the shipowner has secured its effectiveness by all kinds of insurance, making the crew as the insured. If the above-mentioned matters are generalized, the seamen's accident compensation standard is below the accident compensation standard of ground worker, and thus the necessity far improvement of the seamen's accident compensation system is required. Accordingly, as its improvement way is the tentatively named seamen's accident compensation insurance law to be presented as the law-making under the existing industrial accident insurance law in consideration with the speciality of crew. It is thought which there will have to be the legal and systematic procedures.

73/78 해양오염방지협약의 개정동향과 개요

황석갑 한국항해항만학회 1993 한국항해학회지 Vol.17 No.2

The International Convention for the Prevention of Pollution from Ship, 1973, as modified by the Proto-col of 1978 relating thereto, well known as MARPOL 73/78, is probably the most important international agreement on the subject of marine pollution. The main purpose of the Convention is to reduce the total oil remaining on board vessel to minimum. MARPOL is a combination of different sets of rules on oil, chemicals, noxious substances in package forms, sewage and garbage as shown on each Annex. Since the Convention has globally set forth in 1973, it has amended so often whenever reasonable articles are requi-red by contracting states under guidelines of IMO. The amendments, for instance, have continuously perfo-rmed more than 8 times regarding articles, protocols, and five annexes because the original text was badly drafted as the control measures were expressed in general way. This paper, therefore, is intend to summa-rize a main point relating to each amendment, so that persons who have an interest in the Convention would be completely understand for practical implementation. Especially, for legislative purpose or annen-dement of domestic law, it could timely be contributable if specific consolidation and unified interpretations are followed with this paper. Consequently it is much more worth to study for preventing marine pollution from ship with tracing every moment whenever the Convention formally adopted through amending up-to-data.

상법상 선장의 지위와 선박소유자의 대리권의 판례에 관한 연구

황석갑 한국항해항만학회 1993 한국항해학회지 Vol.17 No.3

The master of ship is always authorised to perform whatever acts are ordinarily necessary for the safe and proper prosecution of the voayge with regard to both ship and cargo. In other words, when a ship is away from her home port, where her business was managed, the master generally carried the owner's authority, and ordinarily he had power to enter into engagements, on their behalf, for carrying goods in the ship, or for letting her service, provided those engagements were consistent with the usual manner of employing her adopted by the owners. Accordingly he has always to decide onboard for an adequate applying of statutory law and cases whenever he acts. But the master would appear to have no such autho-rity where he can communicate with the owners without difficulty as, now-a-days, he nearly always can. This paper, therefore, intend to review some guidance of his authority in accordance with the Korean Code of Commerce as well as precedent based on it. The paper is also simply to place at the disposal of young shipmasters and those who aspire to command some legal information concerning limit of master's authority away from vessel's home port through legal commentation on the precedent, which may assist them to a better understanding of the many problems they may be faced with in the course of their ca-reers. In order to make an efficient study of legal structure concerned for shipmaster's authority, several up-to-date precedents are selected and described herein by writer's opinion for preventing unreasonable legal dispute in this field before courts in future.

중국 해상법의 입법정책과 운송인의 책임에 관한 연구 - 국제해상운송협약과 비교법적으로 -

황석갑,김추,Hwang, Seok-Kap,Jin, Qiu 한국항해항만학회 1997 한국항해학회지 Vol.21 No.1

Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

선원법의 개정을 위한 ILO협약에 관한 고찰

황석갑 한국항해항만학회 1995 한국항해학회지 Vol.19 No.4

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

해상교통법상 균형의 위헙과 항해당직자의 주의의무에 관한 고찰 -국제규칙과 판례.재결을 중심으로-

황석갑 한국항해항만학회 1993 한국항해학회지 Vol.17 No.1

According to careful study on the COLREGS, 1972, we can easily find out a main point that is to eliminate risk of collision at sea through exercising due regard to all danger of navigation and collision and to any special circumstances including the limitation of the vessels involved, or precaution which may be required by the ordinary practice of seamen. This paper, therefore, aims to clarify legal concept concerning the risk of collision so as to easier assimilate and understand by all mariner before being presented with a situation of danger in realty. After such a forethought and understanding the mariner will be in a position timely to implement the due regard or precaution to avoid collision by himself. For the purpose of good guidance, comprehensive legal practices of collision avoidance are adequately summarized by foreign and domestic cases.

해상에서 두 선박이 서로 만나는 세가지 전형적 양태와 그 항법에 관한 고찰 - 국제규칙을 중심으로 -

황석갑 한국항해항만학회 1992 한국항해학회지 Vol.16 No.3

Although there are numerous regulations provided for the Steering and Sailing Rules on the International Regulation forPreventing Collisions at Sea, 1972(hereinafter called COLREG), the most important Sailing Rules for approaching between two vessels in sight of one another could actually be defined as three typical aspects based on both the COLREG and practical sea experience. The Rules are overtaking , head-on situation and crossing situation applicable, those clearly prescribes on the COLREG. Thus, for easy understanding of these Rules comprehensive legal research is performed by every chapter in this paper so as to make practical implementation by duty officer of apprentice of shipping concerned. Consequently an aim of the study intends not only to exonerate any vessel, or the owner, master or crew there of, from consequences of well understanding and timely implementation to complying with the aforementioned three typical Steering and Sailing Rules which may be required by ordinary practice of seamen but also to avoid risk of collision at sea.

船舶優先特權과 船泊執行의 實務에 관한 考察

황석갑 한국항해항만학회 1992 한국항해학회지 Vol.16 No.2

According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

船員災害補償에 대한 强制保險의 比輟硏究

黃錫甲,金成煥 한국해양대학교 국제해양문제연구소 2002 국제해양문제연구 Vol.13 No.1

해난 심판 제도의 문제점과 개선 방안

황석갑,정영석 한국해사법학회 1995 해사법연구 Vol.7 No.1