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초록

영어

On June 13, 2003 Korea Supreme Court (2001da42660) rendered that the insurance policy was terminated because the insured stopped marine transportation and returning the cargo intentionally, and also went beyond the ordinary course of transit. In respect of this case, the district court and the high court considered the meaning of insured accident, marine perils under ICC(A), exclusion under policy, terms and conditions for insurance cover and finally rendered that the insurer should establish the burden of proof, if not, the loss of cargo should be deemed as like insurance matter under all risk policy in ICC(A). However, the Korea Supreme Court interpreted the cause of termination in this insurance policy and considered the meaning of ordinary course of transit under the article 8 of ICC(A), and then finally reached the decision that the insured decided to stop the transportation and it was beyond the ordinary course of transit, then the insurer had no responsibility to pay any insurance money to the insured, even if any practical transportation was not taken. If there is any deviation of the ordinary court of transit, any existed marine transportation contract will be terminated and new marine transportation will be stared under MIA, 1906 and the article 8 of ICC(A). Therefore, I agree to the decision of court based upon the above theory.

목차

I. 머리말
 Ⅱ. 사실관계 및 판결요지
 Ⅲ. 평석
 Ⅳ. 맺음말
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키워드

영국해상보험법 통상의 운송과정 적하보험 보험사고 담보위험 보험의 종기 보험기간 ICC(A) ICC(A) Marine Insurance Act ordinary course of transit cargo insurance risk covered Perils Insured against termination of insurance period of insurance

저자

• 성해연 [ Cheng Haiyan | 중국 제남대학교(中国济南大学) 교수, 한국해양대학교 대학원 박사과정 해사법전공 ] 주저자
• 정영석 [ Cheong YeongSeok | 한국해양대학교 해사법학부 교수. ] 교신저자

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