중국의 선박유류오염손해배상 및 보상제도

There are two international legal systems with respect to oil pollution damages and compensations of oil ship; ‘International Convention on Civil Liability for Oil Pollution Damages(CLC) in 1992’ and ‘International Convention on the Establishment of International Fund for Compensation of Oil Pollution of Oil Pollution Damage(IOPC FUND) in 1992’. China is the member of ‘CLC in 1992’. On the other hand, Hong Kong takes part in the other organization ‘IOPC FUND in 1992’. As a result of different membership, China could not request compensation to IOPC FUND for damages which exceed restricted liability of ship owner. As of 1st of July,2013, Oil Pollution Fund was launched in IOPC FUND, which compensates RMB 30million per accident of ship oil pollution in maximum as a second compensator. On the contrary to Korea, China has no single-law governing maritime issues, however there are various laws regulating oil pollution damages and compensations. Foreign ships and some sort of domestic ships are subjects to CLC in 1992 charter. On the other hand, the other domestic ships beyond CLC regualtions must be subject to the Chinese domestic regulations. A ship owner bears unconditional duties on the basis of Marine Environment Protection Law, and its limit of liability should be determined by Marine Law. Compulsory insurance is to be done under Ship Marine Environment Pollution Protection Management Regulation. China needs to improve legal system by unifying regulations regarding the oil damage and compensation. Considering China’s actual condition, it must be formed as an independent law such as “Shipping Oil Pollution Damage Compensation Act”. It can be also considered to improve Chinese Marine Law imitating and reflecting other countries’ laws like “Oil Pollution Act” of U.S and “Oil Pollution Damages Security Act” of Korea.