• The Journal of Information Technology
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• v.7 no.1
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• pp.121-136
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• 2004

The purpose of this paper is to study the current situations of trade financial EDI based on The BOLERO system, New BOLERO system, The NACCS system in Japan and The EDEN(Electronic DElivery Negotiable document) system and problems in application of marine insurance contracts. Entwined with the contracts of carriage in international sale transactions is a contract of marine insurance by which the goods are insured against maritime perils. In the thesis I tried to explain the problems of paperless marine insurance contracts based on problems in relating to formation of the transit insurance contract and replication the functions of the marine insurance policy electronically.

• Journal of Korea Port Economic Association
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• v.19 no.1
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• pp.89-112
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, 1 want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• Proceedings of the Korea Port Economic Association Conference
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• 2003.07a
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• pp.271-294
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, I want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• Proceedings of the Korea Water Resources Association Conference
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• 2019.05a
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• pp.193-193
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• 2019

기후변화로 인한 거대 자연재해 발생의 위험이 지속적으로 증가하고 있으며, 국외의 경우 주요정부기관, 보험사 및 연구기관 중심으로 자연재해 피해예측 모델을 개발하여 사용하고 있다. 침수사고 인한 피해는 건물은 물론이고 가재도구, 재고자산, 기계시설 등의 내용물에서도 발생하며, 건축물 신축단가 등을 이용해 비교적 쉽게 자산가치를 산정할 수 있는 건물구조물과 다르게, 건물내용물의 자산가치는 시설물의 업종, 용도, 사용자 특성 등에 따라 변동성이 큰 특징이 있다. 내용물의 피해액 추정을 위해 자연재해 피해예측 모델은 건물 구조물과 내용물 가치의 비율인 CSVR(Contents to Structure Value Ratio)을 사용하며, CSVR은 시설물 용도에 따른 자산가치평가 통계를 이용해 산정할 수 있다. 충분한 자산가치평가 DB를 확보할 경우 CSVR의 정확도 확보가 가능할 것이며, 이를 위해 국내에서는 민간보험사의 재물보험 계약 4만여건의 건물, 내용물 보험가입금액을 행정안전부 도로명전자지도에서 분류하는 건물 용도에 따라 분석한 연구결과가 있다. 하지만, 일반적으로 보험가입단계에서 대략적으로 추정하는 보험가입금액과 실제 자산의 가치는 차이가 있을 수 있지만, 보험가입물건의 실제 자산가치는 일부만 DB화 되어 있는 단점이 있다. 본 연구에서는 사고 발생 후 작성되는 손해사정보고서에서 평가한 정확한 자산가치 DB를 수집하여, 보험가입금액을 기준으로 산정한 CSVR의 결과와 비교하였다. 손해사정보고서에서 평가한 실제 자산가치를 기준으로 분석한 CSVR과 보험가입금액을 기준으로 산정한 CSVR은, 업종에 따라 유사하거나 큰 차이를 보이는 경우도 있었으며, 침수로 인한 정확한 피해액 추정을 위해서는 보다 양질의 DB확보를 통한 CSVR의 정확도 확보가 필요한 것으로 분석되었다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.27-30
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• 2006

해상보험계약에서는 실무상 영국법 준거약관을 포함하고 있는 영국의 해상보험증권 및 협회약관을 사용하고 있으며, 이에 따라 관련문제가 발생하면 영국법 및 우리나라 법이 적용되게 된다. 이 경우 영국법은 외국법법률설에 따라 영국법도 법률이므로 법원은 직권으로 영국법을 조사하여 적용하여야 한다. 영국법이 적용되는 경우 영국법상 법률개념을 어떻게 이해하고 확정하여야 할 것인지가 문제가 되며, 따라서 그러한 법률개념은 영국에서 이루어졌던 논의 및 영국법 질서 전체와 관련하여 해석하고 확정되어야 한다.

• Journal of Korea Port Economic Association
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• v.22 no.3
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• pp.23-41
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• 2006

The objective of this study is to discuss damage to cargo caused by shipper's Liability. an analysis of the excepted perils of the carriers and the scope of marine insurance coverage reveals that the excepted perils of the carrier are covered by the most part by marine insurance. however damage to cargo caused by shipper's fault remains uncovered. Damage to cargo by insufficient packing is caused by the cargo owner's error or negligence, thus both the underwriter and the marine carrier are exmpted from responsibility. but a problem aries from the fact that there is no objective standard for full packaging. In order to solve these problems, it is required to specify the method of packaging for certain goods when making an individual agreement, so that the owner can be exmpted from responsibility for packaging conformed to the pertinent article.

• Journal of Navigation and Port Research
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• v.31 no.8
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• pp.653-662
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• 2007

Fishing vessel insurance of National Federation of Fisheries Cooperatives indemnifies the assured against marine losses by reason of maritime perils, that is to say, perils of the seas, sinking, stranding, collision, extraordinary action of winds waves and fire, damage, salvage. Therefore this insurance is a rational protective measures for preserving fishermen's property by the exposure to maritime perils. But there may be some problems on the perils covered by fishing vessel insurance clauses bemuse these clauses are not clearly and accurately prescribed in part. Especially where the assured may claim payment from fortuitous accidents or casualties of the seas musing the loss, they used to raise a question in argument about the ambiguity of these clauses. So these problems may need to be reformed for the purpose of preventing or decreasing those of the assured, the fishermen. After drawing out some problems on the perils covered by fishing vessel insurance clauses, this thesis will suggest the improving schemes on the perils covered by these clauses.

• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• Maritime Security
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• v.6 no.1
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• pp.37-56
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• 2023

Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

• Korea Trade Review
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• v.44 no.3
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.