운송인의 파산으로 인한 계반비용의 보험자 보상에 관한 연구

Abstract

Since Hanjin Shipping Co., Ltd (“Hanjin”) filed for receivership in the Korean Court on 31 August 2016, Hanjin Vessels have been arrested at some ports by creditors and others such as port authorities and stevedores might follow. Due to those situations, Hanjin vessels could not have carried out her voyages, i.e. to avoid the arrest from the creditors they had brought up her ships to Busan Korea after leaving some ports and sailed to other ports which were not original designated ports in the schedule and had been drifting at outside sea of the ports: The contract of carriage was terminated at a port or place other than the destination named therein.

Under the situation, the cargo owners had to forward their cargoes to original destination with paying some additional charges like unloading, warehousing, freight, and other forwarding charges to meet their buyer’s requirement date and/or to supply their seasonal goods on time and/or to avoid some damage or missing of their cargoes under a long time arrested situation.

According to the Contract of Carriage, Hanjin would liable for their breach and/or tort liability of carriage contract to cargo owners but the claim against Hanjin would be uneconomical and some difficulty cases because of bankruptcy of Hanjin as expected.

However, marine cargo insurance which has been purchased by cargo owner under the terms and conditions of international trade practices or regulations sometimes would cover those forwarding charges and sometimes would not cover it. It has been used two types of marine cargo insurance in Korean insurance market, one is so-called ”new policy” which has been made in 1982, the other is so-called “old policy” which has been revised in 1963 by Institute of London Underwriters. i. e. the former is ICC(1982) and the latter is ICC(1963).

Meanwhile, under ICC(1982) it is very clear that cargo underwriter would not be liable for the forwarding charge arising from insolvency or financial default of the owners, managers, charterers or operators of the vessel but under ICC(1963) there has been lots of dispute about whether to cover it or not.

This study would analyses all relevant articles/clauses of two cargo policies, esp. so-called “old policy” of which has been disputing about whether to cover or not, for the past long time, including SG Policy, Marine Insurance Act(1906) and all precedents/cases. And further, this study would comments on whether cargo underwriter would liable for the forwarding charges paid by cargo owner or not and suggest some solutions for bona-fide cargo owners.