해상적하보험에서 영국법의 적용

Korean annual amount of trade exceeds a trillion dollars. Most of these goods are covered by marine cargo insurance. English law governing clause such as “All questions of liability arising under this this policy are to be governed by the laws and customs of England.” is inserted in marine cargo policy. Korean Supreme Court applied English law in the subject of disclosure duty and transit, but applied Korean law in that of ship's class warranty and explanation duty. When the court decides whether Korean law or English law is applied, I think the international character of marine insurance, the globalization of insurance law, the England's leadership in the area of marine insurance, uniformity with English Marine Insurance Act, certainty and foreseeability should be collectively considered. In concrete issues, the validity of marine policy between English law and Korean law is different in many points, I think that Korean law overrides English law. Secondly, the standard in deciding whether the warranty of legality is fulfilled is Korean law.