국제안전관리규약이 해상보험에 미치는 법적 영향 - 묵시담보를 중심으로 -

All the states party to SOLAS, as amended in 1994, should comply with the ISM Code, disregarding whether or not it has been incorporated into national law. Therefore the implications of the ISM Code for marine insurance policies can be quite serious. Where a hull assured under a voyage policy does not comply with the ISM Code, it may amount to breach of seaworthiness warranty for the purpose of MIA s. 39 (1). In a time policy, if a hull assured knowingly sends a non-ISM-compliant ship to sea it may also be expose him to the liability for the loss caused by such non-compliance in accordance with MIA s. 39 (5). In marine cargo insurance, it has already been established that a warranty of not knowingly putting cargo on board a non-ISM-compliant ship should be included in cargo insurance contracts. As the ISM Code will be incorporated into many state parties' domestic law, insuring a non-ISM-compliant ship may be illegal, such as a breach of warranty of legality under MIA s. 41. But it is noted that shipping safety legislation has, in general, been treated as collateral under English Law. Therefore non-compliance of ISM Code has no impact on warranty of legality.