Earticle

초록

영어

Marine insurance is basically concluded by recognizing the equal legal and economical status of the insurant and the insurer. Lots ofmarine risks according to the MIA made 100 years ago have now become general risks owing to transportation and technology development. At present, cargo is not a main risk, but transportation means are. By a single contract, cargo is sent to the destination. All considered, the insurant`s notice duty of risk change, requiring premium insurance fees when risks are high, lacks something. Some alternatives can be actively proposed. What matters here is insurance regulations. Whether domestic cargo insurance regulations can go valid internationally in reassurance belongs to further research. At first, the following proposal can be made. The current notice duty in marine cargo insurance should be differently understood from that in other kinds of insurance. As the insurer`s responsibility is also heavy, the cargo regulations need to be simplified for easy and clear reference. Among the alternatives are, first, the notice duty by a transporter about risk change after an original report. Also, the insurant can select this item, while additional insurance fees should be practically considered. Second, in order to remove adverse selection and lessen the burden of fees, desired profit can be additionally chosen besides the main contract. Then, only those who want both are given the notice duty. Third, the notice duty can be exempt below the certain amount of insurance fees. Fourth, because marine cargo insurance with loss insurance of a transporter is dually insured, the trader-insurant can be exempt of the reporting duty. Marine cargo insurance based on private autonomy is somewhat improper in terms of risk change when insurance goes user-friendly. In sum, there is an increasing need for modifying diverse theories and regulations about marine cargo insurance because of the safe and rapid means of transportation, the mixed use of vehicles (such as ships, trains, trucks, airplanes, etc.), and efficiency-oriented cargo circulation.

목차

I. 序論
 II. 危險變動에 따른 通知義務
 III. 危險變動理論및 關聯規定
 IV. 海上積倚保險上의 湖及保險
 V. 海上積倚保險證卷의 流通性
 VI. 結論
 參考文獻
 ABSTRACT

저자

• 金禧吉 [ 김희길 | 東明大學 社會經營系列 助敎授 ]

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