The KMST operates 4 district tribunals at Incheon, Pusan, Mokpo and Donghae.
The Central KMST is located in Sejong city.
12 If there is any doubt on the decision
rendered by the district tribunal, the person involved in the case is entitled to appeal.
When the person involved in the second instance tribunal is not satisfied with the
decision rendered by the Central Tribunal, it has a right to make an appeal to the
Daejon High Court and then the Korean Supreme Court. It must be noted that these
are administrative rather than civil proceedings.
5.2 Guideline for the KMST’s Umpire Regarding
Apportionment of Collision Liability
Since 1999, the KMST has rendered decisions on the contributing fault ratio of
vessels involved in collisions in accordance with KMST Act Art. 4(2). As noted
above, the determination of the ratio is for administrative purposes. Even so, parties
involved in collisions showed the tendency to rely heavily on the KMST’s decisions
regarding fault ratio. The KMST has tried to maintain a degree of uniform application between decisions made by its local tribunals and the central KMST; and has set
the following guidelines relating to basic cases of collision:
AA. Basic situation is that both vessels did not take any action before the collision.
From the basic ratio, the umpires are allowed to increase or decrease the ratio
appropriately in accordance with the action taken by each vessel. Negligence
which did not contribute to the collisions should not be assessed in the
contributing ratio.
BB. Collision in sight of one another
(1) In the crossing situation; Give-way vessel 65%: Stand-on vessel 35%
(2) In the head-on situation; Both vessels 50%
(3) In the overtaking situation; Overtaking vessel as a give-way vessel 80%: Overtaken vessel as a stand-on vessel 20%
(4) In a collision between vessels with different manoeuvrability; Vessel not under
command 10%: power-driven vessel 90%
CC. Collision in restricted visibility
In a collision in restricted visibility: both vessels 50%
DD. Collision in any condition of visibility
(1) In a collision in a narrow channel;
(a) A vessel keeping as near to the outer limit of the channel which lies on her
starboard side 15%: Approaching vessel from the opposite course 85%:
12 See www.kst.go.kr.
386
I. H. Kim
The Central KMST is located in Sejong city.
12 If there is any doubt on the decision
rendered by the district tribunal, the person involved in the case is entitled to appeal.
When the person involved in the second instance tribunal is not satisfied with the
decision rendered by the Central Tribunal, it has a right to make an appeal to the
Daejon High Court and then the Korean Supreme Court. It must be noted that these
are administrative rather than civil proceedings.
5.2 Guideline for the KMST’s Umpire Regarding
Apportionment of Collision Liability
Since 1999, the KMST has rendered decisions on the contributing fault ratio of
vessels involved in collisions in accordance with KMST Act Art. 4(2). As noted
above, the determination of the ratio is for administrative purposes. Even so, parties
involved in collisions showed the tendency to rely heavily on the KMST’s decisions
regarding fault ratio. The KMST has tried to maintain a degree of uniform application between decisions made by its local tribunals and the central KMST; and has set
the following guidelines relating to basic cases of collision:
AA. Basic situation is that both vessels did not take any action before the collision.
From the basic ratio, the umpires are allowed to increase or decrease the ratio
appropriately in accordance with the action taken by each vessel. Negligence
which did not contribute to the collisions should not be assessed in the
contributing ratio.
BB. Collision in sight of one another
(1) In the crossing situation; Give-way vessel 65%: Stand-on vessel 35%
(2) In the head-on situation; Both vessels 50%
(3) In the overtaking situation; Overtaking vessel as a give-way vessel 80%: Overtaken vessel as a stand-on vessel 20%
(4) In a collision between vessels with different manoeuvrability; Vessel not under
command 10%: power-driven vessel 90%
CC. Collision in restricted visibility
In a collision in restricted visibility: both vessels 50%
DD. Collision in any condition of visibility
(1) In a collision in a narrow channel;
(a) A vessel keeping as near to the outer limit of the channel which lies on her
starboard side 15%: Approaching vessel from the opposite course 85%:
12 See www.kst.go.kr.
386
I. H. Kim