해상보험법상 담보의무제도의 현안과 과제

In marine insurance, it is mostly used the Clauses of United Kingdom including Institute Cargo Clauses. In this Clauses, the clause that English law is applicable law is particularly inserted, in this perspective of view, Maritime Insurance Act of 1906 of United Kingdom is important source of law in the maritime insurance contracts. Article 17 of Maritime Insurance Act of 1906 of United Kingdom regulates the contract of utmost good faith, based thereon, Article 33 of MIA regulates warranty obligations. A warranty means a promissory warranty, that is to say, a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts. The principle that if there is a violation of promises of the insured, the insurer will be exempted, and the insured can not assert any defense against the insurer was established by Sir Mansfield, his principle was reflected in British maritime insurance law. During the 200 years, various judicial precedents relating to warranty have been accumulated, by the result, a principle of law of warranty obligations have been established, so, warranty obligations with respect to marine insurance is entirely equivalent to that it is governed by the English law. Supreme Court of Korea has recognized the British Marine Insurance Act as a applicable law, so is recognizing warranty obligation in the marine insurance. In this paper, as the doctrine of warranty is changing, we review general information about the warranty, a pending issue including the tendency of mitigation of it, and introduce Insurance Act 2015, and review the agenda of the warranty obligation scheme.