Korean Collision Avoidance Rules
and Apportionment of Liability
In Hyeon Kim
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.
1 Introduction
International rules regulating collision are required for vessels to avoid the collision
at sea because they often meet other vessels having different nationalities. The
International Regulations for Preventing Collision at Sea, 1972 (hereinafter
COLREG) serves this purpose. Korea, Japan and China are all contracting states
or state parties to the COLREG. Each contracting state of the COLREG must
maintain its own domestic rules in order to implement the COLREG. Accordingly,
vessels entering waters under the jurisdictions of other states should familiarize
themselves with the domestic navigational rules of that state, in addition to the
COLREG.
1
Ship collisions result in damage and injury suffered by the victims who may have
claims against the shipowner of the colliding ship often attributable to the negligence
I. H. Kim (*)
Maritime Law Centre, School of Law, Korea University, Seoul, South Korea
e-mail: captainihkim@korea.ac.kr
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.
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_17
377
and Apportionment of Liability
In Hyeon Kim
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.
1 Introduction
International rules regulating collision are required for vessels to avoid the collision
at sea because they often meet other vessels having different nationalities. The
International Regulations for Preventing Collision at Sea, 1972 (hereinafter
COLREG) serves this purpose. Korea, Japan and China are all contracting states
or state parties to the COLREG. Each contracting state of the COLREG must
maintain its own domestic rules in order to implement the COLREG. Accordingly,
vessels entering waters under the jurisdictions of other states should familiarize
themselves with the domestic navigational rules of that state, in addition to the
COLREG.
1
Ship collisions result in damage and injury suffered by the victims who may have
claims against the shipowner of the colliding ship often attributable to the negligence
I. H. Kim (*)
Maritime Law Centre, School of Law, Korea University, Seoul, South Korea
e-mail: captainihkim@korea.ac.kr
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.
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_17
377