Earticle

초록

영어

Marine oil pollution accidents are resulted by collision in many cases. This kind of accidents have the characteristics of all of the accidents for a claim for damage, accidents for a claim for insurance, liability-limited accidents and accidents for a right to indemnity. Regarding these and other accidents accompanying a claim for damage resulted from oil pollution accidents, in this thesis, we reviewed the jurisdiction of civil trials for claim for damage, claim for insurer's compensation, limited-liability accident and claim for indemnity resulted from collision, in each view point of the International conventions, the Korean law. Firstly, in case of claim lawsuit for damage resulted from oil pollution accident, the court of the occurrence country of pollution accidents or of the execution country of prevention measures will have the jurisdiction according to Liability Convention, 1992, and IOPC Fund. And, in both cases, the specific jurisdiction is decided according to the national law of the each treaty power concerned. According to the Korean law, Seoul Central District Court is the jurisdiction court. Secondly, in case of claim for compensation by insurer, needless to say Seoul Central District Court, the court in the area in which the insurer's headquarters is located or the district court in the area to which the responsible Korean person's address is registered can have jurisdiction according to the Korean law. Thirdly, in case of raising a lawsuit claim for indemnity in accidents from collisions, according to the Korean Law.

목차

Ⅰ. 머리말
 Ⅱ. 유류오염손해에 대한 민사재판관할권
 Ⅲ. 제3자에 대한 구상권청구소송의 민사재판관할권
 Ⅳ. 맺음말
 참고문헌
 

키워드

저자

• 鄭暎錫 [ 정영석 | 韓國海洋大學校 海事法學部 敎授, 法學博士 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  세계해양발전연구 [Journal of Ocean Development]

• 간기

  연간

• pISSN

  2287-1497

• 수록기간

  1994~2025

• 십진분류

  KDC 326 DDC 338