국제유류오염보상기금과 선박 정의의 해석

Abstract

Oil pollution caused by oil tanker incident at sea normally occurs huge damage and thus a international oil pollution compensation regime has been developed to prepare for such damage. That is, shipowner compensates the victims damaged by oil pollution up to the limit of the shipowner's liability under the International Convention on Civil Liability for Oil Pollution Damage, 1992, and then the International Oil Pollution Compensation Funds("IOPC Funds") pay compensation the damage exceeds the limit of the shipowner's liability according to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992. In this respect, both Conventions are related closely and have same definition of ship to be applied for compensation. Thus, it is very important whether a oil tanker involved in a incident is a ship under the Conventions in relation to compensating of oil pollution damage. However, even though the definition of ship under the Conventions is clearly defined there is still some ambiguity to the meaning of ship, and IOPC Funds have studied and examined the exact meaning of the definition of ship for the Conventions sofar. Thus, this paper examines the interpretations taken by IOPC Funds in relation to the definition of ship under the Conventions and the discussion relating to the definition of ship progressing with IOPC Funds governing bodies, and inquiries a tactical counterplot for our government to make preparation in relation with the discussion and policy decision connected with the definition of ship under the Conventions to be implemented by IOPC Funds.