선박공제약관상의 감항성 담보조항의 문제점과 개선방안

Ship mutual insurance is the mutual insurance system which is applied to a member's loss and damage in a marine accident of an entered ship. A member can get indemnity according to this ship mutual insurance clause which is standardized contractual terms. Korea Shipping Assurance started ship mutual insurance business and applied the same Institute Time Clause-Hulls as other Company Insurers did since 1963, but for the separate ship mutual insurance contract, ship mutual insurance clause in Korean was applied. Since 2000, Separate contracts has been increased, and the difference of the government law and scope of cover between the ITC-Hulls and the clause in Korean caused the scope of indemnity. For the same indemnity to the members and supply to ocean operating ships, the 1st revision was made in 2006 and has been applied since. Ship mutual insurance clause section 7.1, 7.2 and 7.3 seem to be modified and applied from the terms of MIA's warranties. Especially the section 7.3 shows the ship seaworthy, saying that the maintaining of the ship seaworthy should be warranted, and if it is not kept, Korean Shipping Assurance is automatically discharged from liability. This seems very unreasonable to members of the contract. This paper will cover the problems and improvements of the section 7 Warranties following the question raised above.