허베이 스피리트호 油類汚染事故의 損害賠償 및 補償의 爭點과 改善方向
A study on the issues of liability and compensation in the Hebei Spirit Oil Pollution Accident and its implications
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The worst oil pollution accident occurred within Korean territorial waters near Taean on December 7, 2007. An anchored tanker named as M/T Hebei Spirit was collided by a moving fleet composed of 3 tugs and one barge which transported a big crane. As a result of the collision, lots of oils from M/T Hebei Spirit were leaked to the sea and polluted the area. The Hebei Spirit case involves in several legal issues. The owners of the H/S and tug-barge fleet were entitled to limit their liability. Therefore, the victims may not have full compensation to cover their damages. In order to fill up this gap, international community made International Convention for Oil Pollution Compensation. The victims are entitled to receive compensation from IOPC FUND according to the Convention. One of main problem in the big oil pollution accident is the slow compensation procedure. The presence of shipowner's limitation of liability procedure is one of the reason. Apart from the law suit against the Samsung Heavy Industry in Korea raised by victims, P&I insurer of Hebei Spirit and IOPC FUND also raised a law suit in a Chinese court. There is a high possibility that two limitation procedure is constituted, which seems not desirable. The author addresses these legal issues involved in the Hebei Spirit case in depth and suggest several idea to improve the current legal systems.
Abstract
The worst oil pollution accident occurred within Korean territorial waters near Taean on December 7, 2007. An anchored tanker named as M/T Hebei Spirit was collided by a moving fleet composed of 3 tugs and one barge which transported a big crane. As a result of the collision, lots of oils from M/T Hebei Spirit were leaked to the sea and polluted the area. The Hebei Spirit case involves in several legal issues. The owners of the H/S and tug-barge fleet were entitled to limit their liability. Therefore, the victims may not have full compensation to cover their damages. In order to fill up this gap, international community made International Convention for Oil Pollution Compensation. The victims are entitled to receive compensation from IOPC FUND according to the Convention. One of main problem in the big oil pollution accident is the slow compensation procedure. The presence of shipowner's limitation of liability procedure is one of the reason. Apart from the law suit against the Samsung Heavy Industry in Korea raised by victims, P&I insurer of Hebei Spirit and IOPC FUND also raised a law suit in a Chinese court. There is a high possibility that two limitation procedure is constituted, which seems not desirable. The author addresses these legal issues involved in the Hebei Spirit case in depth and suggest several idea to improve the current legal systems.
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