국제선박 및 항만시설보안규약이 해상보험에서의 감항능력담보에 미치는 법적 영향

All the contracting states to SOLAS, as amended in 1994, should comply with ISPS code. Therefore the implications of ISPS code for seaworthiness warranty in marine insurance can be serious. Where a hull assured under a voyage policy does not comply with ISPS code, it may amount to breach of seaworthiness warranty for the purpose of MIA s. 39 (1). Especially, it has to be stressed that seaworthiness extends to factors such as existence of certificates and documents necessary for the safety and protection of the vessel in addition to other factors such as manning, structure, equiptment and stowage. Therefore a vessel might be regarded as unseaworthy if not holding a valid certificate or document under ISPS code. In a time policy, if a hull assured knowingly sends a non- ISPS-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). The term ‘privity’ in this sub-section includes not only actual knowledge but also blind eye knowledge. In cases where the assured is a company, the task is to determine the extent to which knowledge of the servants of a company can be regarded as the knowledge of the company itself. The knowledge of a person, who has no authority in deciding to send the ship to sea, cannot be attributed to the insured company for the purposes of MIA s. 39 (5).