• Proceedings of KOSOMES biannual meeting
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• 2018.06a
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• pp.100-101
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• 2018

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Navigation and Port Research
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• v.35 no.5
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• pp.455-462
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• 2011

The accident in the Fukushima nuclear plant caused by the Great East Japan Earthquake on March 11, 2011 is raising voices concerning over radioactive contamination losses. In particular, radioactive contamination losses threaten the safe navigation of vessels, and may impair seafarers' safety and impede the healthy growth of world economy through marine transportation. In case vessels or cargos suffer radioactive contamination losses, it will take a high cost to remove the radioactive contaminants, and in worse cases the contaminated vessels or cargos may have to be abandoned. Furthermore, if seamen are exposed to radioactivity, their treatment can be raised as a crucial issue. Nevertheless, it has not been reviewed clearly by what method and on what ground such losses should be covered in case radioactive contamination losses take place. Thus, this study purposed to review coverage for radioactive contamination losses in marine insurance as an ex post preparation for damages caused by radioactive contamination.

• 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.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.53 no.4
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• pp.388-393
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• 2008

Earth observation satellite imagery having medium-resolution can provide the useful information very rapidly and cheaply. The objective of this study was to assess the feasibility for monitoring rice growth and yield using medium resolution satellite imagery at Seosan AB reclaimed area, Chung-nam province. Using the LANDSAT imagery at booting stage ($29^{th}$ July 2004), $NDVI_R$ had the most significant linear relationships with rice yield of Seosan AB reclaimed area with the correlation coefficient (r) as 0.68. Therefore, this relationship was established as rice yield equation as function of $NDVI_R$, where excluding the 10 small area having low number of pixel, the determination coefficient ($R^2$) of the linear regression between NDVIred and milled rice yield was improved to 0.66. In addition, raster masking method, which was easier and faster even if a little unaccurate than preexisting method, was established for extracting information paddy field zone. Adaptability of rice yield equation function of $NDVI_R$ on year and region was investigated using rice yield and $NDVI_R$ values, which were extracted with raster masking method, from 7 counties or cities, Kyeong-ki province in 2005. Relationship between observed and calculated rice yield showed 1:1 line indicating that the adaptability was admitted.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.329-346
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• 2000

The marine cargo insurance is mainly the insurance on foreign trade commodities. The sales contract stipulates as to which of the seller or the buyer should arrange the insurance. In other words, if the sales contract is made on the C.I.F. terms, the seller has to arrange the insurance, while, in the case of F.O.B. or C.F.R. terms, the buyer has to arrange it. The F.O.B. or C.F.R. terms means that the seller has to take out an insurance for himself until the cargo being loaded onboard the overseas vessel at the port of shipment in export country. But our country has not reasonable insurance to cover seller's risk, because it hasn't yet implemented the insurance. In respect of a cargo exported from Korea on F.O.B. or C.F.R. terms, the F.O.B. insurance covers comprehensively the inland transit and storage until the cargo being loaded onboard the overseas vessel at the port of shipment in Korea with a certain limitation of a insurance period. The goal of this study is to analyze the development propriety of F.O.B. Insurance. This could be done through analyzing the volume and analyzing the proportion of F.O.B. or C.F.R. terms for export. It is supposed that the potential demands of F.O.B. insurance are sufficient in our country for developing the F.O.B. insurance. At this point of time, the positive development of F.O.B. insurance for export is inevitable from the viewpoint of present situation of trading circles.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.365-387
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• 2000

One of the central and primary doctrine of the law of marine insurance is that the contract of indemnity entered into by assured and insurer is a contract of the utmost good faith. The notion of utmost good faith is a well established doctrine derived from the celebrated case of Carter v. Boehm(1766), decided long before the inception of the Marine Insurance Act(MIA). With the codification of the law, the principle found expression in sections $17{\sim}20$ of the MIA 1906. In section 17 is presented the general duty to observe the utmost good faith, with the following sections introducing particular aspects of the doctrine, namely, the duty of the assured and brokers to disclose material circumstances, and to avoid making misrepresentations. It is somewhat surprising that section 17, being a long founded doctrine, has not attracted the attention of the courts until very recently. Given that the most significant manifestations of uberrimae fidei are non-disclosure and misrepresentations, fulfillment of the obligation of utmost good faith was, not unreasonably, for a long time perceived in terms of the duty to disclose and not to misrepresent. However, Black King Shipping Corporation v. Massie, 'Litsion Pride'(1985) has clarified that the duty of disclosure stems from the duty of utmost good faith, and not vice versa. The duty of utmost good faith is an independent and overriding duty, with the ensuring sections on disclosure and representations providing mere illustrations of that duty. It is now clear that there are important questions with regard to the general doctrine and as to the nature and scope of any duty of good faith continuing after the contract of insurance is made which require separate and fuller discussion. The purpose of this paper is to review the nature and scope of the duty of utmost good faith.

• Journal of the Korean Institute of Navigation
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• v.18 no.2
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• pp.129-149
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• 1994

Sea casualties may happen in ship, cargo and the others concerned with sea transportation. : the shipo-wer, marine insurer and salvage company have been endeavored to compensate salvage award with some rule and regulation such as Marine Insurance Act, York Antwerp Rules and Average adjustment rules. Once sea casualties happened, the salvage contract is established between the owners, marine insurance and salvage company, the contract are divided into so many kinds of them. In this paper, we have an analysis on the character of the salvage contract whether the characteristic contents of them are in benefit to any party or not. In this connection with these positive or negative character of the contract, it is worthwhile to compare the actual salvage expenses contract with no cure no pay contract. LOF 1990 has been revised recently, which is based on no cure no pay, expecially, the special compensation, safety net clause of LOF 1990 could be understood in the view of the prevention of sea pollution and the preservation of sea circumstances in the world. Salvage has the complicated and quality, because the adjustment of almost salvage charges have been treated through the other sea casualties which is accompanied by and mixed with. Besides of the importance of salvage contracts, we are in need to understand that what the diversified character of salvage charges are. Furthermore the owners should carefully select the insured conditions on Hull Insurance according to the type of his company, operating ocean route, loading cargo and etc. In this paper, we would try to analyze the character of the salvage award such as General Average, Sue and Labour Charges and Particular charges. We would like to propose that the uniformed system of the salvage award. Compensation should be built up for the effective and efficient salvage operation and for reducing the claims and conflicts from the concerned parties. To this end, we could expect that the uniformed system for salvage award compensation will come to be the benefit of all owners, insurers, salvage company.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.8
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• pp.48-83
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• 1995

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.523-550
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• 1998