Research Reports

Title Rethinking the Admiralty Procedure
Date 2019.04.01
Files Rethinking the Admiralty Procedure.pdf Rethinking the Admiralty Procedure.pdf

Rethinking the Admiralty Procedure

Admiralty and maritime cases are international and complex in nature. Moreover, cases involve movable ships which consequently require speedy and effective proceedings. While Korea may be viewed as one of the leading maritime nations, it still lacks in its specialty and effectiveness when it comes to the court case proceedings.

In this line of context, there is an urgent need to make a neutral evaluation of admiralty proceedings in Korea and to study what we can learn from other leading maritime nations, so that the policy makers may be able to design desirable and sustainable judicial policies for admiralty case proceedings in Korea with an objective view.

This research aims to present practicable solutions to the improvement of admiralty proceedings after thorough examination of the current status and comparative study of the admiralty proceedings in England, the Unites States, China, Singapore, Hong Kong, New Zealand, Australia, the Netherlands, and Panama.

In terms of specialization, securing admiralty judges and court martials may be most necessary, attainable by providing high quality training in the Judicial Research and Training Institute, conducting deep research in the Judicial Policy and Research Institute, and building legal database in the Court Library. As for the improvement in speed and effectiveness, rearranging procedural rules in line with the international standards, effectively managing cases by designated staff, and providing court application forms are recommended among others. Enhancement of judicial access and promotion of alternative dispute resolution are policies that should also be implemented harmoniously with other policies suggested above.

All in all, it is important that the judiciary has the long term vision as well as the short term motivation to contribute to the admiralty law and maritime industries.

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