複合運送에 따른 保驗問題에 관한 硏究 - 貨物保驗을 中心으로 -

A STUDY ON INSURANCE PROBLEMS FOR THE DEVELOPMENT OF INTERNATIONAL MULTIMODAL TRANSPORT - CENTERING AROUND CARGO INSURANCE -

I. INTRODUCTION International trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the contract of insurance on the goods carried. For the efficient development of international trade, it is essential to incorporate the above three fields closely together. Economic growth has developed international trade which has accelerated the development of international carriage of goods. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about international multimodal transport system through containerization. International multimodal transport system has affected international trade a lot, especially the field of insurance a great deal. The aim of this thesis is to study insurance problems for the development of IMT, mainly cargo owner's cargo insurance in accordance with multimodal transport operator's liability system. II. Multimodal Transport and Insurance Problems. 1. IMT and Cargo Insurance. Unless the multimodal transport operator's liability be absolute, the cargo owner shall insure his goods in transit against transport risks. Another reason for insuring his goods is based on international financial system and prompt indemnification of cargo by the cargo insurer. As the IMT covers a through transport service, what is called "door to door service", cargo insurance has to cover the whole route of transport. Fortunately, transit clause of the Institute Cargo Clauses covers the whole route of IMT for the cargo owner. Therefore, the transit clause was thoroughly studied and other problems on cargo insurance was also analysed. 2. Concentration and strengthening of MTO's liability and insurance problems. Concentration of MTO's liability means that concealed damage to the goods falls on MTO's liability. MTO undertakes liability for concealed damage, so claims procedure becomes much complicated and insurance costs rise much more accordingly. On the other hand, the strengthening of MTO's liability means principles of MTO's liability becomes pure liability with fault and MTO's liability becomes much strengthened without any exceptions. Concentration and strengthening of MTO's liability was analysed thoroughly, what is called, logic of dual insurance and increase of insurance costs due to complicated claims procedure. III. Conclusion. In pursuit of transport efficiency, IMT has developed and its development accelerated the expansion of international logistics system. So the role of MTO becomes more important due to the development of IMT. If the legal doctrine of MTO's liability be clearly provided, the liability allocation between MTO and cargo owner will become efficient and loss of, damage to or delay in delivery of the goods will be successfully covered by both liability and cargo insurance. Therefore, harmonized system of cargo and liability insurance will develop IMT efficiently and continuously.