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http://dx.doi.org/10.5394/KINPR.2008.32.3.229

A study on applying of the ITC-Hulls & ISM Code for the Accident of the Foundering Ship  

Kim, Se-Won (Division of Navigation System Engineering, National Korea Maritime University)
Kim, Dae-Hae (Graduate school of National Korea Maritime University)
Publication Information
Journal of Navigation and Port Research / v.32, no.3, 2008 , pp. 229-235 More about this Journal
Abstract
This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted toot shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests toot the ship was submerged because of crews faults. In this connection, the judge sentenced toot this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.
Keywords
Marine accident; Seamen's barratry; Diligence; ITC-Hulls clauses; ISM code;
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