선박건조보험약관에 관한 연구 - 건조보험자의 보상책임문제를 중심으로 -

A shipbuilding contract between a builder and a buyer is a kind of contract for completion work, but the builder assumes responsibility for loss and damage caused by various risks during the period of shipbuilding until the ship is delivered to the buyer. Shipbuilding insurance aims at the indemnity of shipbuilders for loss and damage, and covers marine risks and inland risks to which ships under construction are exposed. Shipbuilding insurance is effectuated by a shipbuilding insurance contract. A shipbuilding insurance contract is a kind of adhesion contract in which the shipbuilding insurer prepares the shipbuilding insurance contract in advance and the builder who is the assured admits the terms comprehensively. “Clauses for Builders’ Risks” are a printed form of provisions representing the typical contents used in shipbuilding insurance contracts. At present, most of shipyards in Korea are using the Institute Clauses for Builders’ Risks(hereinafter referred to as “Clauses for Builders’ Risks”) established by the Institute of London Underwriters in the U.K. as standard clauses for shipbuilding insurance contracts. Because Clauses for Builder’s Risks established in the U.K. are used, legal problems related to shipbuilding insurance have to be solved according to English law and practice. However, Clauses for Builder’s Risks are in English and, therefore, it is hard to translate the contents of Clauses for Builder’s Risks accurately and even if they are translated accurately there may be a limitation in understanding the legal meanings and contents of each clause. Furthermore, shipyard workers in charge of shipbuilding insurance are in need of expert knowledge about the principles of insurance. Moreover, because there are few theses and books dealing with shipbuilding insurance in Korea, they have difficulty in understanding the contents of Clauses for Builder’s Risks. Thus, in order to provide materials easily understandable and accessible to those in charge of shipbuilding insurance, this study examined major contents of Clauses for Builder’s Risks interpretively focusing on shipbuilding insurers’ liability of indemnity in Clauses for Builder’s Risks.