선급협회의 제3자에 대한 손해배상책임에 관한 검토

To begin with, the issue of classification societies’ liability to third parties other than their immediate client, a third party’s action against classification societies for their mere financial damages may not be successful under the English and the U.S. jurisdiction unless a third party establishes facts that at the time of the survey classification society had known that any particular sale was in the offering and a third party had relied on societies’ certificate or comments. In addition, logically speaking claims of personal injury of either someone on board the vessel surveyed or of a person elsewhere against classification societies may also be difficult as dealt with commercial losses of a third party above. On the other hand, two important points distinguish injury claims against claims for the financial damages. First, it should be kept in mind that classification societies do have as their avowed aim the preservation of safety at sea. Secondly, it is normally regarded that people, unlike cargoes or ships, are not normally insured against losses or damages, and in allowing suit against class, we are doing nothing more than merely rearranging insurers. To this sense, it seems that, in England and/or in the U.S., a personal injury claimant can sue classification societies for their negligence. However, it may be difficult that a cargo owner or a ship owner who was involved collision can file a lawsuit against classification societies unless there is direct reliance by the plaintiff on anything said by class. In the meantime, as to the classification societies’ liability for the oil pollution damages caused by sinking or collision of vessels under their class list, class’s liability may depend on whether classification societies is ‘the pilot or any other person who, without being a member of the crew, performs services for the ship’ or not, and whether oil pollution damage was resulted from classification societies’ personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result or not. Finally, even if classification societies may be liable for a third party’s damage, it is suggested that, according to the Korean Supreme Court’s ruling, classification societies may limit their liability if classification societies are expressly incorporated as an entity who can seek the protections available to the carrier in a Himalaya clause. Upon taking consideration to the Courts’ recent positive attitude toward classification societies’ liability for the oil pollution damages worldwide, however, it is strongly recommended that classification societies purchase liability insurance coverage for third parties.