• Journal of the Korean Society of Marine Environment & Safety
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• v.15 no.3
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• pp.213-216
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• 2009

Since adopting 1969 CLC and 1971 FC, IMO increased maximum amount of compensation by adopting protocols of 1969 CLC and 1971 FC. Recently IMO adopted 2003 Supplementary Fund by which the compensation limits increased dramatically to 750 million SDR. Korea government has only entered 1992CLC/FC. However, since the Hebei Spirit incident in 2007, there have been strong claims that Korea government should enter 2003 Supplementary Fund. In this article, feasibility study was carried out to help Korea government decide whether or not entering the Convention. The quantitative analysis has been carried out using data of the past oil spill accidents and contribution fee to IOPC Fund and showed that the benefit was much bigger than costs. The qualitative analysis in relation to resources fix compensation to victims, benefits of consignee, and the status of Korea in IMO also showed that Korea should ratify the 2003 SF.

• Journal of Environmental Policy
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• v.7 no.3
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• pp.89-120
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• 2008

With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.