우리나라 유류오염손해배상제도 개선에 관한 고찰

Abstract

Until recently victims of oil pollution damages have been remedied by the 1992 Civil Liability Convention and 1992 Fund Convention. Governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between polluters and claimants. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/V Erika, M/V Prestiege, and M/V Hebei Spirit. This is because the total amount of the loss arising from such pollution incidents were exceeded the limit of the 92 Fund convention. Korea government enacted a special law to help the victims. According to the law, As for any damage claims exceeding the Fund compensation limit, the Government will pay whole of the exceeded amount. Also, The government are going to enter into the 2003 Supplement Fund. In this article, the author review the policies which were taken by the governments of France and Spain suffered a large-scale pollution accident and analyse problems in tackling process of M/V Hebei Spirit accident, and than provide a proposal of implementing oil pollution compensation system in korea.