船主責任相互保險(P&I Insurance)의 法的 性質

Legal Nature of P&I Insurance

&nbsp;&nbsp;Although air transport is faster, carriage of goods by sea is still the major means of transport in international trade. However, there are many potential risks so shipowners and shippers want to cover their risks through marine insurances.<BR>&nbsp;&nbsp;P&amp;I(Protection and Indemnity) insurance covers a shipowner&quot;s third party liabilities which arise in connection with the operation of the ships. This insurance is one of the major marine insurances along with Hull &amp; Machinery insurance and Cargo insurance. But P&amp;I insurance has different characteristics from the others.<BR>&nbsp;&nbsp;In this dissertation, I deal with the distinctive legal nature of P&amp;I insurance in comparison with other marine insurances at the five point of views.<BR>&nbsp;&nbsp;The first(in the second chapter), although their insurer is normally called “club”, P&amp;I insurance is a kind of insurance, not a kind of mutual aid.<BR>&nbsp;&nbsp;The second(in the third chapter), other marine insurances are normally commercial insurances, but P&amp;I insurance is a mutual insurance so it operates on a non-profit basis.<BR>&nbsp;&nbsp;The third(in the forth chapter), while both Hull &amp; Machinery insurance and Cargo insurance are property insurances, P&amp;I insurance is a liability insurance. Especially, in England, there is an opinion that P&amp;I insurance is an indemnity insurance, not a liability insurance. In the Korean legal system, however, it is practically impossible to distinguish indemnity insurance from liability insurance because Korean laws generally admit to third party claims against liability insurers. Thus, in a Civil Law system like Korea, P&amp;I insurance should be regarded as a liability insurance, not as an indemnity insurance.<BR>&nbsp;&nbsp;The forth(in the fifth chapter), P&amp;I insurance is a kind of marine insurance, so it covers the risks arise in connection with the operation of the ships.<BR>&nbsp;&nbsp;The fifth(in the sixth chapter), P&amp;I insurance is an optional insurance, not a compulsory insurance.<BR>&nbsp;&nbsp;In Korea, national P&amp;I club(Korean P&amp;I club) was established in January 2000. So I think, more study about this unique insurance is required at this time.