• Title/Summary/Keyword: Act on Oceans and Fisheries

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A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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    • pp.172-180
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    • 2023
  • Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

Using Text Mining for the Analysis of Research Trends Related to Laws Under the Ministry of Oceans and Fisheries (텍스트 마이닝을 활용한 해양수산부 법률 관련 연구동향 분석연구)

  • Hwang, Kyu Won;Lee, Moon Suk;Yun, So Ra
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.549-566
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    • 2022
  • Recently, artificial intelligence (AI) technology has progressed rapidly, and industries using this technology are significantly increasing. Further, analysis research using text mining, which is an application of artificial intelligence, is being actively developed in the field of social science research. About 125 laws, including joint laws, have been enacted under the Ministry of Oceans and Fisheries in various sectors including marine environment, fisheries, ships, fishing villages, ports, etc. Research on the laws under the Ministry of Oceans and Fisheries has been progressively conducted, and is steadily increasing quantitatively. In this study, the domestic research trends were analyzed through text mining, targeting the research papers related to laws of the Ministry of Oceans and Fisheries. As part of this research method, first, topic modeling which is a type of text mining was performed to identify potential topics. Second, co-occurrence network analysis was performed, focusing on the keywords in the research papers dealing with specific laws to derive the key themes covered. Finally, author network analysis was performed to explore social networks among authors. The results showed that key topics have been changed by period, and subjects were explored by targeting Ship Safety Law, Marine Environment Management Law, Fisheries Law, etc. Furthermore, in this study, core researchers were selected based on author network analysis, and the tendency for joint research performed by authors was identified. Through this study, changes in the topics for research related to the laws of the Ministry of Oceans and Fisheries were identified up to date, and it is expected that future research topics will be further diversified, and there will be growth of quantitative and qualitative research in the field of oceans and fisheries.

A Study on the Institutional Improvement for the Guarantee of Fisher Wage Claims (어선원 임금채권의 보장을 위한 제도적 개선방안)

  • Yim, Jong-Sun
    • The Journal of Fisheries Business Administration
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    • v.51 no.3
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    • pp.49-71
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    • 2020
  • A fisher means any person employed to provide his/her labor in a fishing vessel in exchange for a wage. There is no concept of a fisher in Seafarers Act. This act shall not apply to seafarers who are in service on board a fishing vessel the gross tonnage of which is less than 20 tons. However, of the total 63,112 fishing vessels, only 2,829 fishing vessels have a total tonnage of more than 20 tons. Fishermen engaged in fishing vessels with a gross tonnage of which is less than 20 tons are not guaranteed to be paid arrears through the Wage Claim Guarantee Fund for Seafarer (Article 56). In addition, fishermen working on a fishing vessel are excluded from the Wage claim Guarantee Act. The Labor Standards Act shall apply to fishermen engaged in fishing vessels with a gross tonnage of which is less than 20 tons. Fishermen and seafarers are at a higher risk of living security than regular workers. Guaranteeing the payment of wages is essential for fishermen to improve the life and employment stability. In order to guarantee fisher wage claims, the concept of a fisher in the Seafarers Act must be realized by sources such as the Wage Claim Guarantee Fund of Ministry of Oceans and Fisheries, step by step expansion of members in the wage claim guarantee fund for seafarers and interest for delayed payment of wages, etc.

The Introductin of the Special Act on Port Safety in South Korea: First-year Results and Future Tasks (「항만안전특별법」시행 1년의 성과와 과제)

  • Miju Kim;Seokhwan Kim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.34 no.1
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    • pp.26-34
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    • 2024
  • Objectives: The successful implementation of the Port Safety Special Act is a very important matter. Now that one year has passed since its introduction, this study aims to review the achievements so far and identify future tasks. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. In addition, an in-depth interview was conducted with a business owner. Results: The achievements over the past year are as follows. As business operators took greater responsibility for safety management, blind spots in safety were resolved to an extent. Specialized training for the port unloading industry was provided, and a safety management system was established for unloading docks. In addition, the Ministry of Oceans and Fisheries was able to intervene in the prevention of safety accidents at ports through the deployment of port safety inspectors. In 2022, the port industry accident frequency and death rate declined compared to the previous year. Conclusions: The "Port Safety Special Act" has become relatively well established in the port industry over the past year. However, since the Serious Disaster Punishment Act was implemented in January of the same year, there is a limit on determining what is necessarily the effect of the Special Act. Future tasks include unifying contracts centered on cargo handling companies, supporting safety management costs, increasing the number of port safety inspectors, producing reliable port disaster statistics, and cooperating between the Ministry of Oceans and Fisheries and the Ministry of Employment and Labor.

A Study on the amendment of regulation of Korean Seamen's Act to exempt the seafarers who have completed advanced safety refresher training from basic safety refresher training (선원법상 상급안전 재교육 이수자의 기초안전 재교육 면제 규정의 개정에 관한 연구)

  • HAN, Se-Hyun;CHO, Jang-Won;LEE, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.4
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    • pp.925-935
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    • 2016
  • It is provided that seafarers qualified in accordance with STCW(International Convention on Standards of Training Certification and Watch-keeping for Seafarers) convention and code in safety training shall be required, every five years, to provide evidence of having maintained the required standard of competence, to undertake the tasks, duties and responsibilities listed in Chapter VI, section A-VI/1 of the STCW Code A. Every party to the STCW Convention has amended the relevant national regulations according to the above international convention and code. These amended Seaman's Act require the updating safety training which is only five years valid for existing seafarers serving onboard ship on international voyage. And above specified existing seafarers must, as of the 1st January 2017, have documentary evidence of either having completed the training course or updated their training within the last 5 years. In relation to the above international trend, the Korean Ministry of Oceans and Fisheries also has completed an amendment to its Seaman's Act. But, the Korean Seaman's Act has a supplementary provision to exempt the seafarers who have completed STCW advanced safety training from basic safety training. The purpose of this study is to define the problems of above mentioned exemption provisions and to make better policies for improvement. In order to complete the purpose, the research team has conducted an in-depth survey of various foreign cases on STCW safety training. Moreover, the team has suggested an improvement scheme in consonance with Korean shipping industry and society through out this report.

A study on the implementation plan of deposit system for management of fishing gear (어구 관리를 위한 보증금제 실행방안 연구)

  • Dong-Yang KANG;Seonghun KIM;Kyunghoon LEE;Yoo-Won LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.4
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    • pp.377-386
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    • 2023
  • As discarded fishing gear settles or floats on the seabed, it destroys the spawning and habitat of fisheries resources that causes various safety accidents and adverse effects on the environment, such as generating microplastics and causing ship accidents. In order to solve this problem, this study is intended to present an implementation plan for establishing a fishing gear deposit system in order to use it as basic data for establishing policies for fishing gear management in Korea. In order to successfully implement the fishing gear deposit system, the deposit system must be established in the form of fishing gear completed at the production stage. It was found that the marking of the object should be easy, and that determining an appropriate deposit amount to motivate the return of waste fishing gear and establishing a convenient return procedure for returned waste fishing gear were important factors. In addition, transparent management of unreturned deposits and mandatory use of fishing gear subject to the deposit system for fishermen will be necessary. The role of a specialized organization to manage and operate all of these procedures is also very important. It is necessary to establish a new mandatory provision in the Fisheries Act to require fishermen who directly use fishing gear to use fishing gear with a deposit refund mark, and to ensure the implementation of the deposit system by linking it with the evaluation items of government policy projects. Since the main purpose of the deposit system is to collect discarded fishing gear, a support plan will be necessary in accordance with the purchase project for fishing waste salvaged by local governments in 2020.

Study on the Institutional Limitations and Improvements for Effective Management of Coastal Wetlands (국내 연안습지 보전 정책의 법제도적 한계와 개선방향 고찰)

  • Yook, Keunhyung
    • Journal of Wetlands Research
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    • v.15 no.4
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    • pp.477-484
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    • 2013
  • In 1999, Wetlands Conservation Act was enacted for the domestic implementation of the Ramsar Convention in Korea. According to the Act, wetlands have been managed by the Ministry of Environment and the Ministry of Oceans and Fisheries(MOF). In the field of coastal wetland of which MOF is in charge, starting with the designation of Muan coastal wetlands as protected area in 2001, there are 12 wetland conservation areas up to $218.96km^2$. Even though there has been rapid growth of protected areas, it is time to give attention to the effective implementation of wetland conservation policies. This study aims to analyze institutional and operational problems related to wetland management and give some recommendations for the improvement of the wetland conservation policy and legal framework.

De Lege Frenda for Improvement of Marine Telemedicine Service System (해양원격의료 지원제도 개선을 위한 관련 법령정비 방안)

  • JEON, Yeong-Woo;HONG, Sung-Hwa;KIM, Jae-Ho
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.4
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    • pp.994-1005
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    • 2016
  • Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.

A Study on Connectivity between Maritime Traffic Safety Audit Scheme and Sea Area Utilization Impact Assessment (해상교통안전진단제도와 해역이용협의제도간 연계성에 관한 연구)

  • Lee, Sang-Il;Cho, Ik-Soon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.2
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    • pp.165-171
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    • 2014
  • This study aims to examine whether Marine sand mining business is Maritime Traffic Safety Audit and priority between Maritime Traffic Safety Audit and Sea Area Utilization Impact Assessment because development and action to use in the ocean is ambiguous, it is overlapped with system of environmental aspect, and priority is not designated. Therefore, the way to improve to settle the overlapping problem etc. between Maritime traffic Safety Audit and Sea Area Utilization Impact Assessment was suggested and legal ground for sand mining is suggested. Because management department for Maritime Safety Act and Marine Environment Management Act is Ministry of Oceans and Fisheries, the solution for this is both embodying co-experts on each committee for determinant of system with maintaining contact and radical revise of law. If revised, the possibility of accident in ocean is decreased, and it can be a way to protect marine environment.