선박건조보험약관에 있어서 건조보험자의 면책사유에 관한 연구

Abstract

The ship building contract made between a builder(a shipbuilding company) and a buyer(the owner of the shipbuilding project) is a kind of contract for construction works. The shipbuilding company is exposed to various dangers such as fire, strong wind, capsize, sinking and collision from the time of the completion of the shipbuilding to its hand‐over to the owner. The shipbuilder shall be responsible for those losses and damages until it is successfully handed over to the owner. Thus, shipbuilders purchase Ship Building Insurance to be protected from land risks and marine risks. Currently, in Korea, most of shipbuilders use Institute Clauses for Builders' Risks by Institute of London Underwriters in UK (“Clauses for Builders' Risks” hereunder) as standard or basic policy of shipbuilding insurance. It adopts all risks coverage by defining “This insurance is against all risks of loss of or damage to the subject‐matter insured” in Section 5(Perils) of the Clauses for Builders' Risks. Accordingly, we need to understand the exclusion causes of the shipbuilding insurer more clearly and interpretative review becomes the most important for this purpose. Accordingly, in this paper, the main contents of exclusion causes of the shipbuilding insurer on the Clauses for Builders' Risks will be reviewed from the perspective of interpretation so that we can understand and access to shipbuilding insurance more easily.