Maritime Autonomous Surface Ships (MASS), an emerging area of digital advancement in shipping and shipbuilding industries, presents a different legal paradigm from that of existing ships. Existing maritime-related industries, including shipping, shipbuilding, and logistics, based on large hardware called ships, are rapidly changing into highly autonomous software-centered structures. This study is focused on analyzing the legal issues in preparation for MASS’ commercial operations in the future by applying comparative methods centered on the Republic of Korea and the United Kingdom. The study’s results contribute to the criteria for the manufacturing responsibility of autonomous ship-embedded software and a desirable legal policy improvement plan. Various legal issues and macro legal policy directions related to software product liability were identified. The study also presents concrete implementation strategies to achieve an ideological harmony and a balance between equitable damage relief and the advancement of related technologies to ensure maritime safety in the maritime industry. Based on the issues identified and their legal policy alternatives, it is hoped that the institutional ideal of product liability, which promotes technological advancement and protects consumer rights, is realized in the software domain as well.
31 December 2019 in Journal of the Korean Society of Marine Environment & Safety
The Serious Accidents Punishment Act (SAPA) of South Korea mandates that chief executives secure operational safety and health to prevent industrial and civil disasters. The SAPA imposes civil and criminal responsibilities on chief executive officers, including business owners, for fatal accidents due to safety and health measures violations. We examine the SAPA’s challenges to the shipping industry and the measures taken by ship owners and ship management companies to address them. In the modern shipping industry, ships and crew often have different nationalities; hence, it may be difficult to determine which law applies or where liability lies. Business activities are mostly overseas. Ship management is performed by third parties, and the introduction of autonomous systems is leading to crew reductions and other changes; these factors create uncertainty about the SAPA’s applicability. Therefore, legal requirements and measures must be established to ensure that South Korean shipping companies do not take on excessive responsibilities internationally while still protecting workers and others. This study suggests measures to ensure safety and stability in the South Korean shipping industry following the SAPA through a horizontal comparative analysis with the UK’s Corporate Manslaughter and Corporate Homicide Act 2007, which served as a model for the SAPA.
The International Maritime Organization has strengthened global environmental regulations related to sulfur and nitrogen oxides contained in ship fuel oil since the beginning of 2020. One strategy to comply with the regulations is to fuel ships with liquefied natural gas (LNG) rather than with traditional heavy fuel oil. China and Japan are both developing a business structure for the bunkering of LNG through public–private partnerships to expand their leadership in the field in Northeast Asia and secure a competitive advantage. Compared to China and Japan, Korea has relatively inadequate laws, policy support, and best practices for safe and efficient LNG bunkering for ships. This article provides a comprehensive overview of the LNG bunkering regulation systems in China and Japan and addresses how these systems can be mirrored by Korea to improve the Korean system. It compares the legislative and normative rules of China and Japan regarding the complex global scenario of maritime transportation. The results show that Korea must revise its guidelines and create the advanced institutional framework required for the LNG bunkering market to support an eco-friendly shipping industry and maintain a competitive edge against China and Japan.
30 June 2020 in THE JOURNAL OF FISHERIES AND MARINE SCIENCES EDUCATION
The STCW Convention was adopted to ensure safety of ships. Each country has established a maritime education and training and its quality standard system for seamen. And its quality assessment was conducted regularly. However, there are some cases that developing countries do not meet standard of international convention. Korea had signed with other countries for undertaking a recognition of a certificate of competency and/or certificate of proficiency. As this undertaking, the number of foreign crews boarding on korean vessel is increasing. To prevent marine accidents, the EMSA has been conducting maritime education and training quality assessment either EU countries or non EU countries. So, it is necessary expanded quality assessment of maritime education and training for signed foreign countries with Korea. Therefore, this study prepared the necessity and operation plan of the K-MET assessment system. First, the current status of the countries that signed an undertaking a recognition was reviewed. And acts of a quality assessment system of domestic and foreign countries were reviewed. And then the current status, problems of quality assessment system and foreign seamen introduction system were analyzed. Finally, the necessity of K-MET assessment system and its assessment procedures, methods, subjects, and operational plans were suggested. However, this study is limited research on the necessity of K-MET assessment system, so further research has needed.
30 August 2023 in Journal of the Korean Society of Marine Environment & Safety