유류오염손해배상보장법의 법적 문제점에 관한 연구

Abstract

Korea has ratified the 1969/1992 International Convention on Civil Liability for Oil Pollution Damage(CLC), the 1971/1992 International Convention on the Establishment of International Fund for Compensation of Oil Pollution Damage(FC), the 2003 Supplementary Fund Convention(SFC) and 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage(Bunkers). Therefore, the above International Conventions have become effective in Korea without the need to legislate a separate act to enforce the same. Despite the foregoing, however, Korea enacted the Oil Pollution Damage Compensation Guarantee Act to enforce the above International Conventions. In enacting the Act, Korea did not adopt the contents of the above International Conventions, but slightly modified the same. The discrepancies between the Four International Conventions and Korean Oil Pollution Damage Compensation Guarantee Act has caused some legal problems. In this paper, I make clear the difference between Four International Conventions(CLC, FC, SFC and Bunkers) and 2009 Revised Korean Oil Pollution Damage Compensation Guarantee Act and I express my opinions on some legal issues.