필연적, 내부적으로 발생하는 해상운송 손해와 보험자의 면책에 관한 고찰

A Study on the Excluded Losses of the Insurer regarding the Loss or Damage inevitably and internally happened in Sea Transit

This study is intended primarily to explore the exclusion clause of insurer on MIA 1906 Section 55.2(c) such as ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject matter insured. The emphasis is on the identification of the real party who is liable for such causes of loss. By MIA 1906 or ICC(A,B,C), the insured of the subject matter has no one to cry for such loss or damage for sure. He is absolutely liable for the loss or damage of the goods due to ordinary wear and tear or inherent vice etc. This is because such causes are not risks, accidents and fortuitous events but inevitable phenomenons. However, not many cases have been made clear judgements that the loss or damage of goods were solely from the causes above and many of them have been happened with more than two causes of loss or damage. Thus, the main point of the study is finding out the way that insured could escape from the liability of such causes of loss or damage.