유류오염손해에 대한 보상기금제도에 관한 고찰

Abstract

Due to the HeBei Sprit Accident, We found some problems in our country's guarantee system on the compensation for oil pollution damage as follows: 1. not to remedy enough for victims.. 2. to delay payment for elimination or prevention charge for oil pollution. 3. to happen some cases not to pay full charges for elimination or prevention for oil pollution. 4. the victims to be suffred for livings owing to delay the payment for compensation or indemnity for oil pollution. In this article, I try to find settlements of the above problems to compare following 3 legislative systems; IOPC Fund system, Domestic Fund System with International Convention system, U.S.'s OSLTF. Like this analytical result, I think that with afterwords it will be able to solve with same method. ① The compensation which is sufficient joins to Supplementary Fund Convention of 2003, ② elimination or prevention charge delay for payment ors unenough payment, on the outside which joins to International Fund Convention of 1992and Supplementary Fund Convention of 2003, like case of Canada ․ American ․ France and it introduces national fund systemd of separate way in about delay for remedy AND indemnity. Namely, will introduce Domestic Fund System and elimination ors prevention charge pre-paymentdhk pre-compensation for victimsdl in order to be possible, there is a necessity. And it will be nessarythat marine environmental improvement charges and fine and charges for oil pollution damage convert domestic fund.