상당주의의무 이행과 그 효과에 관한 연구 : 선박보험을 중심으로

Abstract

A Study on the Implementation of Due Diligence and Its effect

- Focussing on the Marine Hull Insurance -

Marine Insurance is for the underwriter to indemnify the assured, in manner and to the extent there by agreed, against marine losses, that is to say, the losses incident to marine adventure. In marine hull insurance, a loss or damage to the assured's insured-against can be divided into two categories. The one is the losses which always can be covered from underwriters regardless of assured's due diligence to his insured-against such as the losses proximately caused by perils of the seas and Act of God, and the other is the losses which can be covered only if his due diligence have been proved.

Accordingly, there may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Marine enterprisers such as ship's owners, managers, charterers and carriers should not overlook this kind of resonable care in running their business, and if they fail to do so, they might be in trouble with legal liability, to say nothing of their financial hardness and difficulty in management.

Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls, 1983, and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are.

In conclusion, this study contends that marine enterprisers should perform due diligence in doing their business for both financial stability and good management of their companies.

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