• Title/Summary/Keyword: Seamen's barratry

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A study on applying of the ITC-Hulls & ISM Code for the Accident of Foundering Ship (선박침몰사고에 따른 ITC약관 및 ISM Code 적용에 관한 연구)

  • Kim, Dae-Hae;Kim, Se-Won
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.117-118
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    • 2007
  • This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted that shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests that the ship was submerged because of crews faults. In this connection, the judge sentenced that this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

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A study on applying of the ITC-Hulls & ISM Code for the Accident of the Foundering Ship (선박침몰사고에 따른 ITC 협회약관 및 ISM Code 적용에 관한 연구)

  • Kim, Se-Won;Kim, Dae-Hae
    • Journal of Navigation and Port Research
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    • v.32 no.3
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    • pp.229-235
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    • 2008
  • This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted toot shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests toot the ship was submerged because of crews faults. In this connection, the judge sentenced toot this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.