해양플랜트공사보험에 있어서 해사검정보증인(MWS)의 지위와 역할에 대한 연구

Abstract

According to the downturn in the global market continues to United States economic crisis since 2008 has expanded the demand for offshore plant despite the downturn in the merchant sector to proceed to artificially stimulate the economy. Recently, the domestic shipyards have been difficult for excessive competition among shipyards, the lack of design engineering, process latency, low rate of equipment localization, problem of response to a variety of legal issues raised in the offshore construction contracts and insurance. So profitability is lowered and the deficit is growing steadily. Especially each country of China and Japan has been actively working to expand the market of offshore plant, as well as the merchant vessel, through blind patriotism policy, government export loan, low interest rates offered by the Yen depreciation. These terrible circumstance as a way to support the local shipyard which lies in a difficult situation in the financial guarantor primary Marine Warranty Surveyor studied the legal issues associated with. The Insurer is placed in disadvantageous situation whether the subject matter of insurance is in dangerous to offshore plant construction or not to identify the assured breach of warranty in the limitation. Therefore The Marine Warranty Surveyor who has a special engineering skill, experience, marine insurance knowledge role is hired to protect Underwriter and Owner who have a commercial relationship with shipyard interests. Recent cases of breach of warranty has rapidly increased due to the reason that MWS has not issued permit to work during offshore plant construction. Because the shipyard did not observe the international standard rule, regulation and code in the offshore plant industry. This study thus intends to review the legal effect in the assured's breach of warranty, the necessity of MWS in offshore plant construction insurance and propose a recommendation to clarify the standard guide and procedure of risk assessment.