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윤효영 한국경영법률학회 2004 經營法律 Vol.14 No.1
Twentieth Century has confronted with environmental pollution due to rapid population increase, industrialization etc. The environmental accidents give rise to fatal problems in every life sphere of Mankind. In case of ocean pollution accidents the international efforts to restore and amend pollution damages has been made. The vital results of the efforts are 1969 International Convention on Civil Liability for Oil Pollution Damage(CLC 1969), 1971 International Convention on the Establishment of International Fund for Compensation for Oil Pollution Damage(FC 1971) and the protocol of the conventions (Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 and the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971). Recently International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996(HNS 1996) and International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention 2001) has been established. This thesis deals with International Legislative Efforts for Protecting Ocean Environment, and synthetic devices for prevention and recovering ocean pollution and coping with the conventions.
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2009년 개정(改正) 유류오염손해배상보장법(油類汚染損害賠償保障法)에 대한 연구
김인현 ( In Hyeon Kim ) 안암법학회 2011 안암 법학 Vol.0 No.34
Republic of Korea is a contracting state of 1992 CLC and 1992 IOPC FUND. In order to implement both Conventions, Korean government enacted Korean Oil Pollution Compensation Act (KOPCA) in 1993. The Act imposes strict liability on the registered owner of oil tanker. In addition, the owner should compulsorily enter into liability insurance. The victims are allowed to invoke direct action against the liability insurer. The victims are entitled to receive compensations from IOPC FUND. In 2009, the Act was revised to implement Bunker Convention and Supplementary Fund. The registered owner of general cargo vessel should enter into compulsory liability insurance. Unlike oil pollution case from a tanker, Bunker Convention could not establish International Fund system and thus the victims cannot resort on the Fund. The 2009 revised KOPCA also followed this system. As as result, the victims may not be fully compensated. The limitation amount is calculated based on the relevant provision in the Korean Commercial Code. In an aftermath of Hebei Spirit Oil Pollution case, the Korean government inserted several provisions on the Supplementary Fund in the 2009 revised KOPCA. The Korean government ratified the Supplementary Fund 2010 in May 2010. As a result of this ratification and the revised Act, the future victims in Korea will receive full compensation. The Author introduces the 2009 revised KOPCA in detail with several comments on its implications and further revision.
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학술발표회(學術發表會) 논문(論文) : 유류오염 손해배상보장제도와 그 최근 동향
서동희 ( Dong Hee Suh ) 한국해법학회 2008 韓國海法學會誌 Vol.30 No.2
1967. 3. 18. 발생된 유조선 Torry Canyon호의 유류오염 사건은 유류오염에 관하여 공법 분야는 물론 사법 분야에 많은 변화를 초래하였다. 사법 분야에서 발생된 변화는 유조선주의 배상책임에 대한 원칙의 수정이며, 그리고 소위 국제기금의 설치이었다. 이들은 유류오염 손해의 발생을 예방하고, 발생된 손해를 최소화하며 피해자들에 대하여 적정한 보상이 지급되게 하는 데 봉사하고 있다. 1992년 민사책임조약 및 1992년 기금조약은 전세계적으로 광범위하게 승인되어, 이러한 보상체계는 대체적으로 성공적이라 할 수 있다. 이에 따라 그와 같은 보상체계가 시작된1970년대 초반 이래 주변 환경이 상당히 변화되었음에도 불구하고 아직 까지 잘 유지되고 있다. 최근에는 보상수준은 더 높인 소위 Supplementary Fund(즉, 추가보상기금)가 설치되기도 하였으며, 석유업계의 그러한 노력에 부응하여 유조선주 스스로 석유업계에 보상을 함으로써 석유업계의 재정적 부담을 분담하기 위한 TOPIA 및 STOPIA가 성립되게 되었다. As a result of historic oil pollution accident caused by Tanker, "Torrey Canyon" on 18 March 1967 brought many change to private law area as well as public international law relating to oil pollution. The two of those features are change legal principle as to the civil liability of tanker for oil spill and the creation of, what we call, IOPC Fund. These serve to prevent oil pollution damage, to minimize the damage and to compensate the aggrieved parties at an appropriate level. The 1992 CLC and the 1992 Fund are widely prevailing across the world. The compensation scheme is by and large regarded as successful; therefore the scheme is maintained despite the considerable changes in the surrounding circumstances. Recent developments are the advent of Supplementary Fund that increased the limitation for compensation by the Fund, TOPIA & STOPIA which are intended to lessen financial burden against the oil industry by way of shifting certain portion of compensation to the shipowners and/or their P&I Clubs.
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박영준 한국경영법률학회 2009 經營法律 Vol.19 No.4
In recent years, Korea have suffered damage as a result of oil spills. Therefore, the Korean government promulgated the Revised Oil Pollution Damage Compensation Guarantee Act in May 27, 2009. This Act shall come into force on the six months following the date of its promulgation. The revised act aims at three main purpose as follows : (1) It makes a legal basis of the International Oil Pollution Compensation Supplementary Fund(2003) which Korean government willing to accession in the near future ; (2) International Convention on Civil Liability for Bunker Oil Pollution Damage(2001) came into force in Nov. 21, 2008, so the Korean government want to adopt substance of this convention into korean legal system ; (3) The revised act forces a owner of a barge for storing oil(over 200 tons) to contract compulsory insurance to cover the oil pollution damage liability. And also the revision intends to make legal texts modernizing and easy reading. In this paper, I examine the 2009 Revised Oil Pollution Damage Compensation Guarantee Act and I express my opinions on some legal issues.
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박영준 한국경영법률학회 2011 經營法律 Vol.21 No.2
Korea has ratified the 1969/1992 International Convention on Civil Liability for Oil Pollution Damage(CLC), the 1971/1992 International Convention on the Establishment of International Fund for Compensation of Oil Pollution Damage(FC), the 2003 Supplementary Fund Convention(SFC) and 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage(Bunkers). Therefore, the above International Conventions have become effective in Korea without the need to legislate a separate act to enforce the same. Despite the foregoing, however, Korea enacted the Oil Pollution Damage Compensation Guarantee Act to enforce the above International Conventions. In enacting the Act, Korea did not adopt the contents of the above International Conventions, but slightly modified the same. The discrepancies between the Four International Conventions and Korean Oil Pollution Damage Compensation Guarantee Act has caused some legal problems. In this paper, I make clear the difference between Four International Conventions(CLC, FC, SFC and Bunkers) and 2009 Revised Korean Oil Pollution Damage Compensation Guarantee Act and I express my opinions on some legal issues.
KCI
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