개정 상법상의 해난구조규정에 관한 고찰

Abstract

Salvage operations means any act or activity undertaken to assist a vessel or any property in danger in whatever waters the act or activity takes place. The first international convention was the Brussels Convention on Salvage 1910 which is made by International Maritime Committee(CMI). The inadequacy of the Convention to meet modern circumstances led to the new international convention that is the London Salvage Convention 1989 by International Maritime Organisation. The Korean commercial law Section Ⅴ( Maritime Law) was revised in 1997 including the salvage provisions from article 882 to article 895. These Korean Salvage Provisions article 883 and article 885 adopted the relevant provisions article 13(salvage remuneration) and article 14(special compensation) of the London Salvage Convention 1989. The London Salvage Convention 1989 introduced an entirely new regime an the field of salvage in so far as concerned the salvor's measures to protect the environment. It was based on clause 1(a) of LOF. Furthermore It is an exception of “no cure no pay” rule. Article 14 of the Convention 1989 introduced for the first time into an international convention the concept of “special compensation”. There are two central provisions in Article 14. Article 14.1 provides that a salvor is in certain defined circumstances to receive special compensation from the shipowner equivalent to the salvor's expenses(as defined in Article 14). Article 14.2 provides not only for recovery of those expenses but, in certain defined circumstances, for an increment of up to 100 per cent. of those expenses in addition to the expenses themselves. This paper reviewed article 13 and article 14 of the London Slavage Convention 1989 and then analysed article 883 and article 885 of korean maritime law on salvage.