상법(보험편) 해상보험 규정의 문제점과 개선방안

A Study on the Issues Faced by the Marine Insurance Provisions in the Korean Commercial Code and the Proposals for Revisions and Improvements

In the marine insurance industry in Korea, there are sections and clauses in relation to the English governing law included in the Policies and the Clauses of hull, cargo and P&I insurance used in Korea and used in Korean Court judgements. However, Korea should be careful in the acceptance of English Law and Practice because it has been criticised due to a tendency of English Courts regarding the interpretation of warranty， being biased for insurers against the insured. This study is thus to review and compare the Marine Insurance Provisions in the Korean Commercial Code with mainly English law, legal cases and practices, and other countries’laws and practices. Then, to assess whether the Marine Insurance Provisions are still appropriate in the modem business world and may be improved and enhanced. Following that, as a result of the review and comparison propose revisions of issues faced by the Marine Insurance Provisions for balancing, at least, the legal interest between insurers and insured.