워런티(Warranty) 위반에 관한 국내 판례 연구

A Study on the domestic precedents of the breach of warranty

The aim of this thesis is to analyse the theory of the warranty of marine insurance contract based upon the English law and to find the legal application to the Korean marine insurance law, because of non-existence of relevant in the marine insurance section of the Korean Commercial Code. But practically it is allowed to insert warranty clauses in a marine insurance policy, specially with Institute Clauses, which is concluded in the Korean marine insurance market. In Korea, there is very difficult legal issue between insurers and insured arising from warranty clauses of the marine insurance policy as well as warranty sections of Marine Insurance Act, 1906. Regardless no any provision in the Korean Commercial Code as mentioned above, an insurer would tend to insert so many expressed warranty clause in the marine insurance policy without any pre-notice or explanation for the insured. As result of this tendency many insured that are most of individuals or small and medium shipping companies including fishing companies would be very difficult to understand the concept of warranty and the legal effect resulting from its breach in the marine insurance contract. It is one of essential duties of insurer to give detailed explanation of all the articles and clauses of the contract before contract concluded between them. In the case of disputes of legal issue in Korea, the Korea Supreme Court held that the warranty clauses would be interpreted in accordance with the English law and practice if it is chosen as a governing rules unless there is no any friction against the Korean sovereignty. This thesis has preceeded to study on the domestic precedents in relation to the breach of warranty.