• 제목/요약/키워드: Hull policy

검색결과 15건 처리시간 0.026초

해상적하보험계약의 선박의 감항성담보에 관한 연구 (A Study on the Ship's Seaworthiness Under the Marine Cargo Insurance Policy)

  • 김재우
    • 정보학연구
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    • 제8권2호
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    • pp.27-42
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    • 2005
  • The S.G. Policy form contains the words "the good ship or vessel called the.....". The words "good ship" mean that the ship is deemed to be seaworthy at the commencement of the voyage and this was very necessary in the day when a separate policy was issued for each voyage. In fact the warranty do seaworthiness still applies to all voyage policies. Nevertheless, the law does not apply an absolute warranty of seaworthiness to a time policy, so a ship is not required to be seaworthy at the time the hull policy is effected. The implied warranty of seaworthiness does not extend to good, for the underwriter is not responsible for their condition, apart fro the action of the perils insured against. The implied warranty of seaworthiness is limited to the vessel herself, and does not extend to a lighter or other craft used to convey the goods to the ship. The underwriters waive any breach of the implied warranties of the seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the assured or their servants are privy to such unseaworthiness of unfitness.

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영국계 P&I 클럽의 설립배경에 관한 사적 고찰 (A Historical Survey on the Background of Establishment of British P & I Club)

  • 신건훈
    • 무역상무연구
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    • 제34권
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    • pp.77-108
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    • 2007
  • The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

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태안만 원유유출사건에 대한 시장반응과 환경공시 (Intra-Industry Market Response to the Tae-an Oil Spill Accident and the Corporate Environmental Disclosure)

  • 최종서;임형주
    • 환경정책연구
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    • 제11권2호
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    • pp.17-54
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    • 2012
  • 본 논문에서는 2007년 12월 7일에 발생한 태안만 원유유출사건에 대한 관련 산업의 시장반응을 조사하였다. 태안사고는 국내의 조선업, 원유산업에 대해 환경관련 규제의 강화를 초래할 것이라는 우려를 낳았고 환경산업에 대해서는 환경복구와 관련한 수익의 기회를 제공하였다. 사회적 비난의 고조 및 규제강화의 전망은 조선업과 원유산업의 주가는 하락시키고 수혜산업의 주가는 상승시키는 동인으로 작용하였다. 태안원유유출사고는 이중선체 유조선 의무화 조치의 발효를 앞당기는 계기가 되어 국내 선박제조업에 호재로 작용하기도 하였다. 이에 따라 사고 직후 하락하던 조선업의 주가는 규제발효 이후 반전하여 지속적인 양의 추세를 유지하였다. 개별기업에 대한 분석에서 환경공시의 수준이 양호한 기업은 그렇지 않은 기업에 비해 부정적인 시장반응이 완화되는 경향이 관찰되었다.

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Unlimited Liability

  • Mckay, John S.
    • 항공우주정책ㆍ법학회지
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    • 제6권
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    • pp.137-147
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    • 1994
  • Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

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소말리아 해적사건을 통한 해적행위와 해상보험자의 책임에 관한 연구 (A Study on Piracy and the Liability of the Insurer based on Somali Pirates)

  • 최병권
    • 무역상무연구
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    • 제59권
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    • pp.113-135
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    • 2013
  • Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

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해상보험에 있어서 근인주의와 보상되지 않는 손해에 관한 고찰 (A Study on Proximate Cause Doctrine and Excluded Losses in Marine Insurance)

  • 임종길
    • 한국항해학회지
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    • 제18권3호
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    • pp.51-79
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    • 1994
  • Section 55 (1) of the Marine Insurance Act 1906 states that the insurer is liable for any loss proximately caused by a peril insured against but is not liable for any loss not proximately caused by a peril insured against. It is, therefore, essential to determine whether it is to be recoverable under the Marine Insurance Policy attaching the Institute Cargo or Hull Clauses. But a number of important losses are excluded from the policy by subsection 2 of the same section, unless the policy otherwise provides, although these losses are proximate causes of them. The purpose of this study is to investigate the meaning of proximate cause and excluded losses in the Act. The method of this study is a literature survey. In summary, (1) if the loss is considered to have been proximately caused by a certain peril, and the peril is insured against, the claim is recoverable, (2) if there are different causes resulting in separate losses, the claims recoverable will be those due to insured perils, (3) when the effective cause of the loss is established, remote causes can be ignored, (4) when causes of loss are combined, the claim is recovera-ble if the cause which is proximate in efficiency is an insured peril, (5) if there are two causes, equal in efficiency, the loss is recoverable if one of the causes is an insured peril, but always providing the other cause is merely an uninsured peril rather than a specific exclusion, (6) although certain losses are exclu-ded by section 55 (2) of the Act, with the exception of wilful misconduct of the insured, it is permitted for provision to be made in the policy to widen the terms to include such losses.

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정부가족계획사업의 현황과 대책 -제 5 차 5 개년계획을 중심으로-

  • 조남동;장영식
    • 한국인구학
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    • 제6권1호
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    • pp.70-89
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    • 1983
  • China's population and family planning program has heen successful. Women's fertility as measured by total fertility rate (TFR) has declined from 5.8 in 1970 to 2.3 in 1990, accordingly the annual crude birth rate(CBR) has declined from 34 per thousand in 1970 to 21 per thousand in 1989, and the annual natural growth rate from 2.6 percent in 1970 to 1.4 percent in 1989 (Coale and Chen, 1987; SSB, 1991; Gu, 1994). While this is indeed an astonishing achievement for a developing country to have its fertility down to replacement within a short period, some new issues emerging along with the rapid fertility decline require careful considerations. One of them is the uprising of the sex ratio at birth in China. The 1990 population census reported the sex ratio at birth in China of 113.8 in 1989, which is ohviously much higher than the acceptable level of normal ratio around 106. It has received since then a lot of tention in China and abroad, among demographic professionals and governmental agencies alike (Hull, 1990; Johansson and Nygren, 1991; Xuand Guo, 1991; Tu, 1993; Gu and Xu, 1994; among others). Based on the available demographic data and research results this paper will first have a review of the patterns and trends of sex ratio at birth in China, then turn to the immediate causes of abnormal sex ratio at birth and the determinants of the son preference, followed with a conceptual framework for understanding of the phenomenon, and finally the policy implications and recommendations will be discussed.

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중국의 출산시 성비와 남아선호 (Sex Ratio at Birth and Son Preference in China)

  • Gu, Baochang;Li, Yongping
    • 한국인구학
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    • 제17권2호
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    • pp.116-135
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    • 1994
  • China's population and family planning program has heen successful. Women's fertility as measured by total fertility rate (TFR) has declined from 5.8 in 1970 to 2.3 in 1990, accordingly the annual crude birth rate(CBR) has declined from 34 per thousand in 1970 to 21 per thousand in 1989, and the annual natural growth rate from 2.6 percent in 1970 to 1.4 percent in 1989 (Coale and Chen, 1987; SSB, 1991; Gu, 1994). While this is indeed an astonishing achievement for a developing country to have its fertility down to replacement within a short period, some new issues emerging along with the rapid fertility decline require careful considerations. One of them is the uprising of the sex ratio at birth in China. The 1990 population census reported the sex ratio at birth in China of 113.8 in 1989, which is ohviously much higher than the acceptable level of normal ratio around 106. It has received since then a lot of tention in China and abroad, among demographic professionals and governmental agencies alike (Hull, 1990; Johansson and Nygren, 1991; Xuand Guo, 1991; Tu, 1993; Gu and Xu, 1994; among others). Based on the available demographic data and research results this paper will first have a review of the patterns and trends of sex ratio at birth in China, then turn to the immediate causes of abnormal sex ratio at birth and the determinants of the son preference, followed with a conceptual framework for understanding of the phenomenon, and finally the policy implications and recommendations will be discussed.

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A Study on Improvement of Criteria for Mooring Safety Assessment in Single Point Mooring

  • Lee, Sang-Won;Kim, Young-Du
    • 해양환경안전학회지
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    • 제25권3호
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    • pp.287-297
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    • 2019
  • The recent increase in crude oil trading has led to an increase in the workings of SPM for crude oil carriers. VLCCs generally encounter difficulty entering port due to limitations in terms of sea depth and maneuverability. The SPM is a system that allows mooring to the buoy located in the outer sea for such vessels. However, the buoy is more affected by relatively external forces because of their of shore location. Therefore, the safety assessment of SPM is particularly important as it can lead to large oil pollution disasters in the event of SPM accidents. Despite this, in the implementation of the Marine Traffic Safety Audit Scheme in Korea, there exists no guidance for SPM. In this study, a SPM mooring safety assessment is performed using OPTIMOOR, a numerical analysis program, so as to understand the mooring characteristics of SPM. As a result, it is confirmed that the tension of mooring lines and hull movement in the SPM are greatly affected by the encounter angles with external forces. In addition, it is found that the maximum tension of the mooring line is elevated as the water depth becomes shallower through sensitivity analysis. According to SPM characteristics, which has a large influence on the encounter angle, this study has proposed an amendment to setting criteria in the implementation of the Maritime Traffic Safety Audit Scheme which could improve the reliability and accuracy of mooring safety assessments.