Abstract
The author explains the Korean collision avoidance rules in this chapter. It includes Korean statutory laws regarding collision avoidance rules and legal mechanism established by the Korean Marine Safety Tribunal for apportionment of liability. The author introduces several issues in Korea involved in the interpretation of the collision avoidance rules such as legal status of anchored vessel, vessel lying at sea, tug-barge, cuttlefish catching fishing boat, and recommend course. The author recommends that three countries including Korea, Japan and China should work together to unify the collision avoidance rules in order to give safe navigation in the East Asian region.
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Notes
- 1.
The substance of this chapter was originally used as speech material in the 3rd East Asia Maritime Law Forum held on November 28, 2018 in Korea University School of Law. The author has revised it and added text on some new developments.
- 2.
The provisions in the KSSA impose obligation upon the foreign navigators to observe the navigation rules when they sails within the Korean territorial waters or open port areas and upon the Korean navigators to observe the navigation rules wherever they sails (Art. 3).
- 3.
However, a former umpire rejects this view and argues that the rule should be applied to only to the collision case in sight of one another.
- 4.
M/V Ocean Trader Collision case (Central KMST Docket No. 2001-19), Korean Marine Safety Tribunal Decision Report (2002), p. 210. See Kim (2018), p. 57.
- 5.
- 6.
- 7.
In the City of Camden case, M/V City of Camden was navigating and M/V Triton was lying at sea. The 3rd Circuit Court of the US held that M/V Triton was in the status of the give-way vessel and thus it should keep out of the way of M/V City of Camden. The Court imposed 100% liability upon M/V City of Camden. 1930 AMC, 1822; However, in the Devotion II case, the fishing vessel Mayflower was lying at sea and had the approaching Devotion II on her starboard side. The Admiralty court rendered that the crossing rule should not be applied to the collision case involved in the vessel lying at sea and thus the Mayflower was not in the status of the give-way vessel. See The Devotion II [1979] 1 Lloyd’s Rep 509.
- 8.
In the M/V Chingdao Express case, the Central KMST found that the Chingdao Express carried out all the above precautions and thus was totally exonerated from liability.
- 9.
In the Tugboat Hyundai No. 108 case, the Hyundai No. 108 (368 tons) was towing the barge (6070 tons) with the towing line of 550Â m. The Central KMST did not give any priority to the tug-barge and applied the general rules to the case. Korean Marine Safety Tribunal Decision Report (1999), p. 488.
- 10.
In the M/V Taeyoung Sun collision case, the KMST also rendered the decision the same as the Korean Supreme Court (Central MST 2000.5.10. Docket No. 2000-3).
- 11.
Ogawa (2002), p. 80.
- 12.
See www.kst.go.kr.
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M/V Chingdao Express case
M/V Ocean Trader Collision case (Central KMST Docket No. 2001-19), Korean Marine Safety Tribunal Decision Report (2002), p 210
M/V Taeyoung Sun collision case, the KMST also rendered the decision the same as the Korean Supreme Court (Central MST 2000.5.10. Docket No. 2000-3)
Ogawa (2002) Cases of Japanese Marine Accident Decision Tribunal and Explanation. Sheisando
The Devotion II [1979] 1 Lloyd’s reports, 509
The Tugboat Hyundai No. 108 case. Korean Marine Safety Tribunal Decision Report (1999)
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Kim, I.H. (2020). Korean Collision Avoidance Rules and Apportionment of Liability. In: Mukherjee, P.K., Mejia, M.Q., Xu, J. (eds) Maritime Law in Motion. WMU Studies in Maritime Affairs, vol 8. Springer, Cham. https://doi.org/10.1007/978-3-030-31749-2_17
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