유류오염손해배상보장법상 책임제한절차에 관한 실무상 문제점

The oil pollution incident brought by M/T Hebei Spirit at 7th, Dec, 2007 damaged large areas of beautiful western coast of Korea, concentrating Taean Beach and caused the tremendous amount of tangible and intangible loss. Fortunately by the endeavors of central government and local community to get over from the damage, it seemed that the environment of western coast has recovered the terrific scenery superficially. But there are a lot of legal issues occurred from the compensation procedure following the incident. Internationally there are 1969-CLC, 1971-FC, 1992-CLC, 1992-FC, and 2003-SFC and domestically Korean government accepted the International Convention and established Oil Pollution Compensation Act for the compensation of oil pollution damage or loss. But those conventions and act have only a few provisions about the limitation of liability and rely on the Limitation of Liability Procedure Act which is derived from the Commercial Code. This study focused on the lots of problems faced with at the limitation of liability procedure and tried to suggest the possible alternatives based on the experience of Hebei Spirit case.