A Study on the Establishment of the Concept of a Vessel Constrained by Her Air Draft in COLREG
Vol.2 (No.2) 2017
Author
admin
Date
2017-12-30 12:04
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1772
Abstract
A vessel with high air draft cannot operate without restriction on manoeuvring in certain height-limited areas. As electricity supply has been possible to island areas, and bridges connecting islands to the mainland or islands to islands are constructed, instances where because of her air draft a vessel is restricted in her ability to deviate from the course she is following(Hereafter “vessel constrained by her air draft”) are increased.
This paper reviewed whether the current sailing and steering rules in International Regulations for Preventing Collisions at Sea, 1972(COLREG) can be properly applicable to the navigation of vessel constrained by her air draft. Firstly, the possibility of application of the sailing rules of ‘vessel not under command’ and ‘vessel restricted in their ability to manoeuvre’ was examined. Secondly, sailing and steering rules of ‘vessel constrained by her draft’ was considered because she has the similar limitation of navigable water as that of a vessel constrained by her air draft. Finally, it was concluded that she is not a vessel that has lost her manoeuvrability or a vessel whose ability is restricted due to the nature of her work to the extent that she is unable to keep out of the way of another vessel. In addition, compared to a vessel constrained by her draft, she may take more responsibility to give a considerable duty of care to the conduct of other vessels under the present rule.
Therefore, for the sake of seamen who operate a vessel constrained by her air draft, a separate definition needs to be included into COLREG such as that of ' vessel constrained by her draft', and importantly the responsibility relation over other vessels must be enacted in terms of the equal status with that of 'vessel constrained by her draft'.
This paper reviewed whether the current sailing and steering rules in International Regulations for Preventing Collisions at Sea, 1972(COLREG) can be properly applicable to the navigation of vessel constrained by her air draft. Firstly, the possibility of application of the sailing rules of ‘vessel not under command’ and ‘vessel restricted in their ability to manoeuvre’ was examined. Secondly, sailing and steering rules of ‘vessel constrained by her draft’ was considered because she has the similar limitation of navigable water as that of a vessel constrained by her air draft. Finally, it was concluded that she is not a vessel that has lost her manoeuvrability or a vessel whose ability is restricted due to the nature of her work to the extent that she is unable to keep out of the way of another vessel. In addition, compared to a vessel constrained by her draft, she may take more responsibility to give a considerable duty of care to the conduct of other vessels under the present rule.
Therefore, for the sake of seamen who operate a vessel constrained by her air draft, a separate definition needs to be included into COLREG such as that of ' vessel constrained by her draft', and importantly the responsibility relation over other vessels must be enacted in terms of the equal status with that of 'vessel constrained by her draft'.
Keyword:A Vessel Constrained by Her Air Draft, COLREG, A Vessel Constrained by Her Draft, A Vessel not under Command, A Vessel Restricted in Her Ability to Manoeuvre
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The ultimate purpose of this study was to seek ways that multicultural background learners could adapt school life well and have sense of belonging to school as well as self-identity. For this, it classified types of school maladjustment of multicultural background learners based on the status of them and looked at responding measures in the educational and sociocultural aspects to solve these problems. Since the number of members who have a variety of langue and cultural backgrounds due to the expansion of exchanges between countries and cultures recently is increased, the Korean society changes to a multicultural society rapidly and the number of multicultural families is increasing. As the Korean society enters into the multicultural society, the number of multicultural background learners with various language and cultural back-grounds is swiftly increasing at school, a problem of Korean education for them is raised as a current issue and the phenomenon of not adjusting school life because of failure of communication, low school performance, identity crisis, and school violence problems, is increasing as well. Most multicultural background learners should experience lots of difficulties in adjusting to school life as they are not familiar with Korean language and culture most of all. The lack of Korean ability can be connected to low school performance and to school maladjustment. Thus, it is urgent for them to have a certain level of Korean most of all to grow as members of Korean society overcoming these difficulties. The difficulty in using Korean that they feel could be connected to low school performance, emotional anxiety, complaints against the society, and isolation. School maladjustment of multicultural background learners analyzed as difficulty of communication due to the lack of Korean and because of it, the difficulty in study performance due to the lack of basic learning, school violence due to the cultural, social, and physical differences and prejudice which came from the difference in the dual culture of their parents, and economic difficulty. As responding measures to solve these problems, it suggested the necessity of effective Korean education and the activation of systemic device in the educational level to improve multicultural background learners’ communication ability in Korean and study ability, in the sociocultural level, it suggested the improvement in ways of police response and activation of their activities as well as a variety of sociocultural programs, and it also suggested the preparation of scholarship system and effective operation for the responding measures in solving economic difficulties. This study will contribute that multicultural background learners could adjust school life well while establish-ing the sense of belonging and self-identity as members of school and Korean society.Keyword:Police Response, Crime Prevention, School Violence, Korean Education, School Maladjustment
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The quantitative and qualitative changes in crime have required the appearance of new forms of police activities. Community policing appeared to meet these requirements and has been introduced in many countries around the world including USA, UK and Japan and is now in use. Community policing has also been introduced here in Korea. The police in Korea have accepted it as the new paradigm for the police to prevent crime in local communities. This study is designed to find out people’s recognition of the effect of community policing on crime prevention, which is its ultimate goal and analyze the difference in people’s recognition of its effect on crime prevention from the sociodemographic perspective in order to provide the police with basic data for improvement in their community policing. For the achievement of the purposes of this study, the factors such as ‘reduction in the fear of crime’, ‘reduction in crime occurrence’ and ‘reduction in disorder in the local community’ were selected to measure people’s recognition of its crime prevention effect. The research using questionnaires was conducted from Nov. 20, 2013 to Dec. 31, 2013 and administered to 303 people. The SPSS 21.0 program was used as the statistical analysis tool and the t-test and analysis of variance (ANOVA) were conducted. The analysis results show that the average points in the factors of reduction in the fear of crime, reduction in crime occurrence and reduction in disorder in the local community were all below 3 points, thus indicating that people do not recognize the positive effect of community policing on crime prevention. For checking the difference in citizen’s recognition depending on the sociodemographic factors, the people’s recognition of the effect of community policing on crime prevention has been researched depending on 5 factors such as the sex, age, urban residential area, period of residence and job. It was found in this research that the job factor (1) makes a significant difference on the recognition of the reduction in the fear of crime, the job factor (1) makes a significant difference on the recognition of the reduction in crime occurrence and the three factors (3) such as job, form of urban residence and period of residence make a significant difference on the recognition of the reduction in disorder in the local community. Company workers showed higher level of recognition in all respects such as the reduction in the fear of crime, reduction in crime occurrence and the reduction in disorder in the local community than those in technology and production fields. In addition, those who live in the residential area showed higher level of recognition of the reduction in disorder in the local community than those living in industrial areas and others. In terms of period of residence, those who lived for at least 1 year but less than 3 years and those for 9 years or above showed higher recognition of the reduction in disorder in the local community than those who lived for at least 6 years but less than 9 years did. These analysis results indicate that there is a need for a more diversified community policing in consideration of the people’s characteristics in terms of their job, urban residential area and period of residence and there should also be a continuous effort for change in community policing through the periodic evaluation of community policing to improve people’s positive recognition toward community policing.Keyword:Community Policing, Crime Prevention, Reduction in the Fear of Crime, Reduction in Crime Occurrence, Reduction in Disorder in Local Community
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Recently the Korean police organization has faced the domestic and international changes; the rapid social changes and increasing desires of various civil human rights. So social asks for the quality-improvement of the procedure of investigation have been increasing and various ways for satisfying their needs have been focused. In connection with this situation, the academic world has been interested in the minor offense screening committee to guarantee appropriateness of investigation. The police invited citizens and formed the minor offense screening committee that decides which offender should go to summary trial or be dismissed on warning. Korea minor offence screening committee is the system to preserve civil right through rapid procedures. Therefore the purpose of this study is to analyze present condition and problem of minor offense screening committee. Consequently this study will offer effective ways to guarantee human right. First of all the minor offense screening committee shall screen the following matters: Larceny, Embezzlements of Lost Articles, Fraud(free riding, eating without paying a bill), Crime of Violence, Object of Summary Judgments in a criminal offence and so forth. And Subject for Screening shall be following persons; the person who has no criminal history recode, the person who needs social the person who has no summary judgments recode within the limit of one year and economical protection in the reason of disabled person and basic living security received people and so on. And the committee shall be comprised of at least seven but not more than nine members, including the chair-person. Consultants are chosen three to five people who have much knowledge and experience in and take re-spect from community. The terms of office for the consultant shall each be three years and they may be reap-pointed or recommissioned only once. The chiefs of police stations may dismiss any consultant of the Committee who falls under politicians who are elected, party member and the persons who are concerned in policing. Also committee can make a decision on the minor crime by the summery judgements or initial disposition maintenance and on the summery judgements by the dismissal with a caution or initial disposition maintenance. The chief of committee makes a decision by over two thirds of attendant members including the chief and members recode the opinions on the report of the minor offence screening committee. Also the chief of the police station can take a support action to prevent the repeated crime of the subject of screening: the connection to the welfare department of the local government. On the basis of above study result, this study suggested some necessary ideas on managing and administrating the minor offense screening committee effectively in the future. Concretely, this study proposed exclusion, recusal and refrainment of minor offence screening committeemembers. Also this study suggested Procedure for raising an appeal and mediation.Keyword:Minor Offense Screening Committee, Human Right, Police Discretion, Investigation Authority, Criminal Mediation
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A vessel with high air draft cannot operate without restriction on manoeuvring in certain height-limited areas. As electricity supply has been possible to island areas, and bridges connecting islands to the mainland or islands to islands are constructed, instances where because of her air draft a vessel is restricted in her ability to deviate from the course she is following(Hereafter “vessel constrained by her air draft”) are increased. This paper reviewed whether the current sailing and steering rules in International Regulations for Preventing Collisions at Sea, 1972(COLREG) can be properly applicable to the navigation of vessel constrained by her air draft. Firstly, the possibility of application of the sailing rules of ‘vessel not under command’ and ‘vessel restricted in their ability to manoeuvre’ was examined. Secondly, sailing and steering rules of ‘vessel constrained by her draft’ was considered because she has the similar limitation of navigable water as that of a vessel constrained by her air draft. Finally, it was concluded that she is not a vessel that has lost her manoeuvrability or a vessel whose ability is restricted due to the nature of her work to the extent that she is unable to keep out of the way of another vessel. In addition, compared to a vessel constrained by her draft, she may take more responsibility to give a considerable duty of care to the conduct of other vessels under the present rule. Therefore, for the sake of seamen who operate a vessel constrained by her air draft, a separate definition needs to be included into COLREG such as that of ' vessel constrained by her draft', and importantly the responsibility relation over other vessels must be enacted in terms of the equal status with that of 'vessel constrained by her draft'.Keyword:A Vessel Constrained by Her Air Draft, COLREG, A Vessel Constrained by Her Draft, A Vessel not under Command, A Vessel Restricted in Her Ability to Manoeuvre
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Demographic dynamics is a factor having a huge impact on society and economy of a nation and especially Korea, which is set to mark the eighth out of the countries with eldest population globally based on median age by 2030 is projected to undergo many changes. Change of such megatrend is expected to trigger social welfare problems and be connected to crimes, which means security policy of police should have strategy tailored to the elderly people. In line with the increase of elderly divorce and 'living alone' elders in this aging society, they may not only experience dementia and missing but also are positively engaging in insurance frauds and easily become the targets of ever evolving ‘voice phishing’. Should the increase of sexual assaults out of elder crimes and traffic accidents emerge as a social issue, it may trigger generational conflicts and is highly likely to cause the increase of so-called 'wild and violent elders'. So, police's security policy should brace for client-oriented trends in a mid and long term in step with the aging society, while elders could be the victims of sophisticated forms of crimes alongside the increase of elder crimes, probably resulting in shortage of correctional facility for elders in the future. From official crime statistics, we can see the increase of elder crimes remarkably, whereas police are currently dealing with this trend just in the level of preventing their abuses and also lack diverse PR strategy, meaning mostly ex post police activity. Under the circumstances, some provincial police offices are promoting public order strategy customized to the aging society but with little effects so far. So, as part of police activity in local community, police are conducting active PR by visiting living-alone elders and many other elder-care facilities, which needs to be expanded further in the future. Therefore, to brace for the aging society, police desperately need to have plans to play an important mediating role in physical health and psychological counseling as an organization not only ensuring the safety of senior citizens from crime but as a leading one in collaborations between organizations. Based on this need, this study examined the present state of elder crimes and damages from crimes, cases of elder crimes in our country, the actual state of police security policy and problems related with elder crimes and damages. By doing so, the study aimed at suggesting security policy measures of police to brace for the aging society in the future.Keyword:Policing, Elders, Aging Society, Elder Crime, Security Policy