해적행위와 영국법상 보험보상에 관한 연구

Recently, there were a lot of piratical cases which were incurred in somali coast and Gulf of Aden. Many counties have tried to extinguish piracy in the above areas and punish pirates as a criminal offence. However, in writer’s view, it is far away from our expectation for the sea without piracy. As much of piratical cases are being reported with losses on the vessels, cargoes, and seafarers, there would be legal disputes with the compensation from the insurance. This paper will review the exact definition of the piracy under the english insurance laws and practice as well as overall legal problems expecting to occur in the course of application of english laws for the piratical activities. In particular, legal issues currently emerging include whether there is the constructive total loss for the vessel or cargo which was damaged by the piratical attack, and whether ransom payment can be covered with the suing and laboring clause and general average by the underwriters. With the complicated legal aspects of piracy, there can be legal problems with contribution for the compensation of the losses among underwriters. As that is the case, this paper also go through the legal issues surrounding Protection and Indemnity Clubs. Because currently owners of the vessels tend to purchase a so called ‘Specialist insurance’ including Kidnap and Ransom insurance which is mainly focused on investigation of the accident and payment of ransom and other expenses for the protection of their vessels and crews, it is worth noting to pay attention to this legal phenomenon. Piracy has never been eradicated through the human history and is still running rampant. As Korea is now one of the most advanced economies in the world and economic activities are absolutely depend on the sea transportation, it is essential for us to know the legal problems of the piracy for the protection of our national interests.