2009년 改正 油類汚染損害賠償保障法에 대한 연구

Abstract

Republic of Korea is a contracting state of 1992 CLC and 1992 IOPC FUND. In order to implement both Conventions, Korean government enacted Korean Oil Pollution Compensation Act (KOPCA) in 1993. The Act imposes strict liability on the registered owner of oil tanker. In addition, the owner should compulsorily enter into liability insurance. The victims are allowed to invoke direct action against the liability insurer. The victims are entitled to receive compensations from IOPC FUND. In 2009, the Act was revised to implement Bunker Convention and Supplementary Fund. The registered owner of general cargo vessel should enter into compulsory liability insurance. Unlike oil pollution case from a tanker, Bunker Convention could not establish International Fund system and thus the victims cannot resort on the Fund. The 2009 revised KOPCA also followed this system. As as result, the victims may not be fully compensated. The limitation amount is calculated based on the relevant provision in the Korean Commercial Code. In an aftermath of Hebei Spirit Oil Pollution case, the Korean government inserted several provisions on the Supplementary Fund in the 2009 revised KOPCA. The Korean government ratified the Supplementary Fund 2010 in May 2010. As a result of this ratification and the revised Act, the future victims in Korea will receive full compensation. The Author introduces the 2009 revised KOPCA in detail with several comments on its implications and further revision.