상법 보험편 해상보험 규정의 의의와 개선방안Marine Insurance Law Provisions in the Korean Commercial Code and proposal for the improvements
- Other Titles
- Marine Insurance Law Provisions in the Korean Commercial Code and proposal for the improvements
- Authors
- 김인현
- Issue Date
- 2009
- Publisher
- 한국상사법학회
- Keywords
- 해상보험; 선박보험; 적하보험; 선주책임상호보험; 준거
법; 임의규정; 강행규정; 보험계약자불이익변경금지의
원칙; 감항능력주의의무; 위부; 담보; 선급; 이로; Marine Insurance; Hull Insurance; Cargo
Insurance; Protection & Indemnity Insurance; Governing Law; Default Rule; Obligatory Rule; Principle of prohibiting insurer from making
agreement against the insured; Seaworthiness
Duty; Abandonment; Warranty; Classification
Society; Deviation
- Citation
- 상사법연구, v.28, no.2, pp.275 - 318
- Indexed
- KCI
- Journal Title
- 상사법연구
- Volume
- 28
- Number
- 2
- Start Page
- 275
- End Page
- 318
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/121240
- ISSN
- 1226-3362
- Abstract
- Insurance Contract Law is included in the Korean Commercial Code (KCC)
as one of its five Chapters. Provisions regarding marine insurance is a part
of insurance contract law Chapter. Article 663 is a compulsory provision in
that an agreement which treats the insured less favorably than the provisions
stipulated in the KCC becomes null and void. However, Art. 663 excludes
marine insurance from the scope of the application. As a result, the marine
insurance law provisions under the KCC function only as a default rule.
Traditionally, marine insurance practice in Korea has been heavily influenced
by the English law. Most of marine insurance contracts has an English
governing law provision. Therefore, marine insurance law provisions in the
KCC are not applicable to the most of marine insurance contracts in Korea.
The writer tries to reform this kind of malfunction of marine insurance
provisions in the KCC. One of the suggested idea is to make a part of
marine insurance contract subject to mandatory application of Art. 663 only
when the insured is not a person as an entity but a private person. Another
idea is to revise provisions in the KCC in accordance with the current
wordings in the marine insurance policy and standard terms. If the KCC
maintains the same provisions as the standard terms in the marine insurance
policy, the parties do not try to insert the same provision in the standard
terms as the KCC, because marine insurance provisions in the KCC as a default rule will be automatically applicable to their insurance contract in
case that there is no such agreement. The writer shows about 10 possible
items for the improvements.
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