세월호사고와 해상보험

Abstract

On April 16, 2014, the Sewol which was boarded with 33 crews and 443 passengers was wrecked and submerged, 304 persons were dead or missing. This paper aims at studying legal issues of Sewol sea accident and marine insurance. Concerning hull insurance, after the Sewol had been repaired and extended, the imbalance of ship’s left and right, the restoration ability was considerably affected. The writer thinks that this risk is the latent defect which is covered without shipowner’s due carelessness by the article 6.2.1 English Institute Time Clauses Hull October 10, 1983, but the insurer is liable to pay the insured money, because Chonghaejin Marine Co. Ltd was not without due carelessness. And on the Sewol’s seaworthiness, the Sewol was not seaworthy because of habitual overloading, non-performance of safety education and marine exercise against ship accident, but I think that the insurer is liable for the loss because the ship was not sent to sea in an unseaworthy state with the privity of the insured[Marine Insurance Act 1906, 39(5)]. On the issue of Shipowner’s liability insurance, even if the seamaster did not perform the duty to directly order the crews, suddenly turnovered, and overloaded the goods, I write that the clause which exempts the accident due to shipowner’s gross negligence is not applied. So Korea Shipping Association is liable for the accident. In addition, I consider that Korea Commercial Code s. 706 which exempts the insurer in a unseaworthy state, is not applied because the ship was not sent to sea in an unseaworthy state with the privity of Chonghaejin Marine Co. Accordingly, Korea Shipping Association is not exempted for the unseaworthiness.