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A study on the degree of contribution to the distribution of the cause ratio of the breach of the duty of vigilance -Focused on the decision of the Central Maritime Safety Tribunal- 对违反警戒义务事由比例分布的贡献程度研究——以中央海事安全法庭的判决为中心
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.103
Chul-Hwan Lee
For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations. Although it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.
对于预防海上事故,重要的是在吸取已经发生的事故教训的基础上制定防止再次发生的措施,其中一项措施是对违反重要义务或连续反复违反义务的行为加重责任。虽然可以说效果可以提高,但在海上裁判所的判决书中,在分配事由比例时,对违反警戒义务的贡献程度似乎被认为是比较低的。本研究的目的是通过检查事故发生的原因的贡献程度的分布,并通过检查对目前警惕责任在预防海上事故中的重要性的判断程度,来检查需要改进的点。
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引用次数: 0
Marine traffic safety information provision agency in preparation for marine accidents legal and institutional considerations 海上交通安全信息提供机构在准备海上事故的法律和制度方面的考虑
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.57
Jong-Sun Kim
This study enacted the Ship Traffic Control Act in 2019 to reduce the risk of marine accidents and improve the safety and efficiency of ship traffic, and the Korea Coast Guard operates ports and coastal VTS. Ship traffic control provides safety information and port operation information to ships by installing and operating equipment capable of detecting the location of ships and communicating with ships, and is essential for the safety of ship traffic. However, institutions that provide safety information to ships are distributed to various institutions as well as the Korea Coast Guard, and operate inefficiently, analyzing the operation of maritime traffic safety information in preparation for marine accidents.
为了减少海上事故的风险,提高船舶交通的安全性和效率,该研究于2019年制定了《船舶交通管制法》,并由海警负责港口和沿海VTS。船舶交通管制是通过安装和操作能够探测船舶位置并与船舶通信的设备,向船舶提供安全信息和港口作业信息,对船舶交通安全至关重要。但是,不仅是海警,提供船舶安全信息的机构也分散在各机关,为应对海上事故而分析海上交通安全信息的运作,效率低下。
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引用次数: 0
A Study on the Establishment of International Conventions on Seafarer’s Woking Hours and the Inclusion of Maritime Safety 关于建立关于海员工作时间和海上安全的国际公约的研究
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.17
Gilyeop Kim, Jong-kwang Ju
According to MLC adopted by IMO and ILO, working standards for seafarers allow 14-hour workday(24hours) and 72-hour work a week(7days), which is not following the Working Time Convention. On land, the working standards of 8-hour workday, 5 days a week(40hours) was settled over a century ago. But these labor standards are not applied at sea and the basic rights of seafarers are limited. And above limitations are justified on the grounds of 'speciality at sea'. This study suggests the ways to improve maritime working conditions and future prospects after investigates the history and background of downgrading of sea labor standards that have been applied so far to all seafarers including fishing crew members and highlights on crew fatigue management focused on maritime safety prior to the health and welfare of seafarers.
根据国际海事组织和国际劳工组织通过的MLC,海员的工作标准允许每周工作14小时(24小时)和72小时(7天),这与《工作时间公约》不符。在陆地上,8小时工作日,每周5天(40小时)的工作标准在一个多世纪前就已经确定了。但这些劳动标准在海上并不适用,海员的基本权利受到限制。上述限制的理由是“海上特殊性”。本研究通过对目前适用于所有海员(包括渔业船员)的海上劳动标准下调的历史和背景进行调查,提出了改善海上工作条件的方法和未来展望,并重点介绍了船员疲劳管理,着重于海上安全,而不是海员的健康和福利。
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引用次数: 0
The method to rationalize for safety operation of fishing vessels with consideration of sea state 考虑海况的渔船安全作业合理化方法
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.33
Seong-yong Park
Sea fishing has established itself as a popular means of marine leisure activity for the whole nation, with people’s increasing earnings, achievement of marine leisure culture and increasing interests in the ocean. The number of fishing vessels users reached about 4.8 million in 2019, and constantly increasing. However rise in marine accident of fishing vessels has caused escalating anxiety about fishing vessels and distrust of safety policies. Collision and stranding were the highest in the number of occurrences and casualties among marine accidents of fishing vessels. when analyzing the sea state in the accident of fishing vessels collision and stranding, weather factors such as regional occurring fog are the acting as the cause. The sea fog’s occurring areas and routes are various depending on the elements such as the sea area and season. When the sea fog occurs, marine accidents of fishing vessels can be possible to prevent by alerting ever-changing fog information to captain of fishing vessels, which is quickly and accurately collected and analyzed. Safe fishing, considering sea state, will be able to carried out by establishing “Control Regulation for Satety Fishing” for fishing vessels based on maritime weather information.
随着人们收入的增加,海洋休闲文化的成就,人们对海洋的兴趣日益浓厚,海洋捕鱼已成为全民普遍的海洋休闲活动方式。2019年,渔船用户数量达到约480万艘,并在不断增加。然而,随着渔船海上事故的增加,人们对渔船的担忧和对安全政策的不信任日益加剧。在渔船的海上事故中,碰撞和搁浅事故的发生次数和伤亡人数最多。在分析渔船碰撞搁浅事故的海况时,区域性发生的大雾等天气因素是造成事故的主要原因。根据海域和季节等因素,海雾的发生区域和路径是多种多样的。当海雾发生时,通过向渔船船长预警不断变化的雾信息,可以快速准确地收集和分析渔船发生的海上事故。根据海上气象信息,为渔船制定《安全捕捞管理条例》,根据海况进行安全捕捞。
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引用次数: 0
A Study on Maritime Transportation and Safety Development Strategies using Air-Sea Double Use VTOL 海空两用垂直起降的海上运输与安全发展策略研究
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.114
Junghwan Moon
In this paper, in order to increase the utilization and effectiveness of unmanned aircraft system in maritime traffic and safety, for unmanned aircraft system that can solve the spatial scope of air-sea double use and operational constraints of VTOL, external and internal environment analysis is performed by linking PEST-7S-SWOT analysis, and the development direction is established and devised a strategy. First of all, the special characteristics of the marine environment must be considered. In order for the unmanned aerial vehicle to be operated according to the purpose of maritime traffic and safety, it must be capable of being able to air-sea double use it, which overcomes spatial limitations. It is necessary to develop technology that can overcome environmental constraints such as bad weather and geographical constraints such as near sea and long distances. Second, in order to create an ecosystem for technological development as well as industrial growth, legal and institutional support and criminal abuse prevention and punishment standards should be prepared for air-sea double use VTOL. Third, in order to provide marine traffic and safety services using convergence technology, AI and autonomous navigation should be installed, and service spaces of metaverse such as augmented augmented reality(AR) and virtual reality(VR) should be provided.
本文为了提高无人机系统在海上交通和安全方面的利用率和有效性,针对能够解决空海两用空间范围和垂直起降作战约束的无人机系统,通过链接PEST-7S-SWOT分析进行了内外环境分析,确立了发展方向并设计了策略。首先,必须考虑海洋环境的特殊性。为了使无人机按照海上交通和安全的目的进行操作,必须能够克服空间限制,实现海空两用。有必要开发能够克服恶劣天气等环境限制和近海、远距离等地理限制的技术。其次,为了创造技术发展和产业增长的生态系统,应制定空海两用垂直起降的法律和制度支持以及刑事滥用预防和处罚标准。第三,利用融合技术提供海上交通和安全服务,安装人工智能和自主导航,提供增强现实(AR)、虚拟现实(VR)等虚拟世界服务空间。
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引用次数: 0
A Study on Implementation of the WTO Agreement on Fisheries Subsidies in Korea 韩国实施WTO渔业补贴协定的研究
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.89
Young-Hun Min, Jongmi Joo, Jung-Hai Moon
In the last June, the WTO MC 12 has made the millstone where the MC 12 adopted the WTO Agreement on Fisheries Subsidies for prohibiting subsidies on overcapacity fisheries, and overfishing, and eliminating subsidies on IUU fishing. It still remains “instrument of acceptance” of the protocol of the Agreement on fisheries Subsidies, but the international communities and the WTO secretariat are calling WTO members to deposit their instruments of acceptance. For its operation, two-thirds of WTO members need to deposit them at the WTO. Korea is one of the major fishing countries such as China, Japan, Norway and others and so enforcement of this agreement will have significant effects on the Korean fishing industry, especially distant shipping. On the basis of the Distant Water fisheries Development Act of Korea, the Korean government is supporting its distant shipping industry in terms of policy support, subsidies, consulting and others. The WTO subsidies agreement has not specified and detailed which fisheries subsidies of the agreement will include governmental support as the prohibited subsidies. In this line, the Korean government should be able to implicate the Korean policy to the agreement in terms of extent of the Korean subsidies.
去年6月,世贸组织第12届部长级会议通过了《世贸组织渔业补贴协定》,禁止对产能过剩渔业和过度捕捞的补贴,并取消对IUU捕捞的补贴。它仍然是《渔业补贴协定》议定书的“接受文书”,但国际社会和世贸组织秘书处正在呼吁世贸组织成员交存其接受文书。为了使其运作,三分之二的世贸组织成员需要将其存放在世贸组织。与中国、日本、挪威等国一样,韩国是主要的渔业国家之一,因此,该协议的执行将对韩国渔业,特别是远洋航运产生重大影响。韩国政府以《远洋渔业开发法》为基础,从政策支援、补助金、咨询等方面支援远洋产业。WTO补贴协议并没有具体规定哪些渔业补贴将包括政府支持作为禁止补贴。在这一点上,韩国政府应该能够在韩国补贴的程度上将韩国的政策与协议联系起来。
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引用次数: 0
A Study on SWOT-AHP Analysis for Marine Transportation Education using Metaverse Platform in Post Covid-19 Era 后冠状病毒时代基于Metaverse平台的海运教育SWOT-AHP分析研究
Pub Date : 2022-06-30 DOI: 10.58316/kamts.2022.1.1.1
Sang-woon Kim, J. Moon
In this paper, as non-face-to-face education is expending due to COVID-19, non-face-to-face education using online is continued for maritime transportation education, access to the platform is difficult due to the aging of trainees etc. we have deduced a development plan in the field of maritime transportation education using the metaverse platform. First, it is necessary to develop and distribute equipment that can be conveniently used in the field in order to promote the transition to education using the metaverse platform in maritime traffic education. Second, it is necessary to improve the system for accreditation of legal education, expand support for dissemination so that a metaverse platform that can receive universal maritime traffic education can be provided free of time and space constraints. Third, it is necessary to prepare a plan to build an ecosystem tailored to the needs specialized in the field of maritime transport education.
本文针对新型冠状病毒肺炎疫情导致非面对面教育支出增加,海上运输教育继续使用在线非面对面教育,学员老龄化导致平台接入困难等问题,推导了利用metaverse平台在海上运输教育领域的发展规划。首先,需要开发和部署能够在现场方便使用的设备,以促进海上交通教育向利用元宇宙平台进行教育的过渡。二是完善法制教育认证制度,扩大传播支持,提供一个不受时间和空间限制、可以接受普适性海上交通教育的元空间平台。第三,有必要制定一项计划,建立一个适合海上运输教育领域专业需求的生态系统。
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引用次数: 0
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The Korea Association of Maritime Transportation Studies
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