운송인의 파산으로 인한 계반비용의 보험자 보상에 관한 연구 : 한진해운 사례를 중심으로
A study on the Forwarding Charges arising from the Carrier’s insolvency and financial default under Institute Cargo Clauses : Case of Hanjin Shipping
Since Hanjin filed for receivership by the Korean Court in 2016, her vessels were arrested at some ports by creditors and they could not have carried out their voyages to the destination ports in the schedule. The contract of carriage was terminated at a place other than the destination. Hanjin would liable for their breach and tort liability of carriage contract to cargo owners, but the claim against them was significantly costed due to their bankruptcy. The marine cargo insurance sometimes cover the forwarding charges and sometimes not. Two marine cargo insurances,“old policy”(ICC, 1963) and “new policy”(ICC, 1982), have mostly been using in Korea. This study analyses and compares all relevant clauses of two policies and suggest solutions for the bona-fide cargo owner.