상법상 해상보험계약에 관한 공동해손, 해난구조, 일부손해 등 —영국해상보험법과의 비교⋅검토를 포함하여—

Abstract

The status of Korean Commercial Act in marine insurance contracts is rather poor. This is due to the English law governing terms. However, even if Korean law is not the governing law, it can be applied ass domestic public policy or overriding mandatory rules. Thus there should be a lot of interest in the relevant jurisprudence. In this article, we will discuss some of the most important aspects of Korean Commercial Act (Marine Insurance) that have not been utilized in practice, such as the compensation relationship for General Average (Art. 694), compensation for Salvage (Art. 694(2)), and compensation for special expenses (Ar. 694(3)), floating insurance for cargo (Art. 704), compensation in the event of partial damage to the vessel or cargo (Art. 707(2) and 708), and legal relations regarding the disposition of cargo (Art. 709). Supreme Court of Korea precedents continue to emerge in the field of maritime law, which inevitably affect the field of marine insurance. For example, the Supreme Court's ruling on June 9, 2022, 2017-Da-247848, which allowed the extension of the period under Art. 814(1) of the Commercial Act, may open the door to new insurance conditions for policy-holders. Furthermore, the Korean Private International Law Act significantly revised the international jurisdiction of maritime cases, which is attracting more attention than ever before. We look forward to further discussions on the marine insurance provisions of Korean Commercial Act, which are still relatively under- researched, with the hope that more advanced legislation and practice will be established in the field of marine insurance.