Earticle

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.

대형 유류오염사고가 야기한 피해에 대한 2차적 보상 성격을 가진 IOPC 펀드의 운영방식과 보상절차와 관련하여서는 실무상 많은 문제점이 꾸준히 지적되고 있다. 공통적인 문제는 유류오염사고의 피해보상이 극심하게 지연되고 있다는 것이고, 특히 우리나라에서는 피해보상 금액이 타 국가에 비해 상대적으로 현저하게 적다는 점이 추가되고 있는 상황이다. 본 논문은 IOPC 펀드 내부의 문제점을 중심으로 하여 신속한 보상이라는 관점 하에 현행 IOPC 펀드 보상절차가 가지는 문제점을 지적하고 그에 대한 해결 방안을 모색함을 목적으로 한다.

The IOPC Fund has been established for the secondary compensation as regarding the damage caused by the massive oil pollution accident in the sea. However, it has shown a lot of practical problem in the compensation procedure and administration. The common problem is the severe delay in compensation. Furthermore, Korea has been suffering from the substantially small amount of compensation compared with other countries. This article deals with the problem of the compensation procedure in the IOPC Fund, seeking for the rapid and efficient compensation.