• Journal of the Korean Institute of Navigation
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• v.17 no.4
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• pp.73-87
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• 1993

As a result of accepting the '71 FUND Convention and enforcing the Oil Pollution Compensation Act 1992, we observed some benefits and costa. This paper analyses those benefits and costs and suggests se-veral key policy recommendations for the estasblishment of an effective oil pollution compensation regime in Korea. This paper identifies the said benefits and costs as follows : First, by establishing the oil pollu-tion compensation system as same as the international level, most of small and medium size of oil pollution damage which are caused by coastal tankers will be compensated by FUND. Second, most of oil pollution damage which are not covered by '69 CLC will be compensated by FUND. Third, some parts of FUND Contribution Fee and CRISTAL Contribution Fee to be charged by major oil companies will be doubled. However the limit of international oil pollution compensation system and the loophole outside the Oil Pol-lution Compensation Act 1992 suggest followings : 1) Radical risk management and insurance manage-ment of ocean going tanker owners, 2) Establishment of oil pollution claim settlement system, 3) Enforce-ment of crew and ship management for coastal tanker and 4) Establishment of Korean P & I Club.

• The Journal of Fisheries Business Administration
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• v.25 no.2
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• pp.59-87
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• 1994

While overall input of oil into the sea has actually declined over the years 1975-92, major spills have regularly occurred in certain locations which have had serious effects upon local environments and hence caused public outcry. The purpose of this paper is to suggest the scheme for maximizing the compensation for oil pollution, which can be adopted in Korea, by analysing the mandatory 1969 Civil Liability Convention(CLC), the 1971 Fund Convention and two voluntary schemes (TOVALOP andCRISTAL). The paper examines the major subjects which are as follows : major pollution incidents and international response, the present situation of oil pollution in Korea, the role of flag of convenience tankers in oil pollution, the mode of oil pollution damages and tanker owner's liability, international compensation system fer oil pollution, Korean compensation system for oil pollution damage, and its problems to be tackled.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.1 s.22
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• pp.61-70
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• 2005

The most likely influenced by the oil pollution at the sea is the fisheries industry, because if the destruction if the marine ecological system The rate if compensation for damage from IOPC Fund due to the incident if oil pollution is more or less $20\%$, which is remarkably lower than those cf our adjacent nations or European nations. The reason such a low rate cf compensation is that it is not easy to take evidences if changed caused by oil pollution requested by IOPC Fund due to the environments if our fisheries. Therefore unless the environments if our fisheries is changed completely, it is very difficult to get actual compensation for damages under the existing system, considering the results if the oil pollution damage compensation claim cases up to now. In this study tried to identify the actual benefits of 03FC convention that raises the upper limit if the compensation while keeping the criterion for compensation And proposed to supplement the compensation system of damage caused by oil pollution with analyzing the actual status if compensation from. IOPC Fund for the our oil pollution incidents and the judgment if Supreme Court on the case if oil. pollution acident in Keumdong No.5.

• The Journal of Fisheries Business Administration
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• v.42 no.1
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• pp.19-35
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• 2011

This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.29-37
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• 2002

Since the case of ″Ohio u. The United States, Department of the Interior″, claims for marine environment damage caused by oil pollution have been Increased in the United States. Also European countries have suggested in the Executive Committee of 10pc Fund that 10pc Fund should accept claims for marine environment and several claims for marine environment damage were made to 10pc Fund, but all of which were rejected. In this study, compensation system for marine environment damage caused by oil pollution in the United States and the 10pc Fund were comparatively analyzed and several policy recommendations were suggested.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.8
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• pp.84-120
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• 1995

• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.97-109
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• 2005

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.3
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• pp.177-181
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• 2008

In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

• 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.