해양유류오염 손해보상- 허베이 스피리트호 사건과 관련하여 -

Abstract

As the year, 2008, the Korean constitution law celebrates its 60th Compensation System for Sea Oil Pollution - In Relation with Hebei Spirit Vessel Case Sea oil pollution is especially problematic in a way that area infected is wide, it results in mass damage and takes a long time to recover. Moreover, due to increase in size of oiler, damage is more critical for ocean ecosystem. 'Hebei Spirit Case', collision between SamSung Heavy Industry derrick and Cantonese vessel 'Hebei Spirit', occurred in December of 2007 in Taean,Chungcheongnam-do, and is known as the biggest sea oil pollution accident in Korea. Therefore, this case can be the test case for our ability to response. Currently, we are only registered to 1992 CLC convention and 1992 FC agreement, and not to 2003 Protocol. Reason being is that it is more advantageous for Korea not to sign the protocol in comparison with contribution we have to pay and accident occurrence probability. Korea shares maritime transport route with Japan and China, and the usage of this route is becoming more frequent since East Asia area is being rapidly developed. Also it can be seen as man-made disaster. It is because SamSung derrick decided to sail despite the forecast, and the warning from maritime control center and coast guard was given to inform them that there is a high risk of collision. On top of that, shipper, Hyundai Oil, used single-hull structure when there was an international agreement to use double-hull structure. There is a high possibility that there would have been no oil pollution if it was double-hull structure vessel considering the hole size made in Hebei Spirit Vessel Case, Taking these several factors into consideration, registering to 2003 convention will bring company's consciousness to danger, and will increase the liability of the shippers (Oil companies such as Hyundai Oil Bank). Therefore, we need to register to international convention which increased the limit for compensation (Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage), as soon as possible. Furthermore, in no relations with these hypotheses, there was a news that Samsung Heavy Industry will contribute 100 000 000 000 won of company's property to Taean. This can be shown as a repression to company's activity. It is enough to make company liable by law, and making them liable for something by public opinion which legal liability does not exist, is just driving our company away to overseas. On the other hand, it is a custom of international convention not to compensate for ecosystem by oil pollution. But rather relying on that, we need to try actively to recover our environment for a country which is surrounded by still water. Thus we need to establish a domestic law for environment recovery separately from international convention.