해사책임에서의 강제보험과 직접청구권

In the realm of maritime liability the principle of compulsory insurance were introduced for the first time thanks to the adoption of 1969 CLC relating to oil pollution damages. According to the compulsory insurance requirement, the owner of a ship having a gross tonnage above a certain threshold should take out insurance or have other financial security to adequately meet his liability under the convention. Insurers including P&I Club, should provide necessary evidence that the insurance cover for the designed liability is in place as required and guarantee to the government that a shipowner’s liability should be covered to the amount that the above convention requires. As an integral part of the compulsory insurance regime under CLC, claims for compensation are entitled to be brought directly by victims against insurer. If then, the Club can not invoke the defences of insurance policy except insured’s wilful misconduct. The compulsory insurance and right of direct action in 1969 CLC have contributed especially to compensate victims rapidly and fully, and owing to this success they have become the distinct features in a wider variety of maritime liability conventions including the Bunkers Convention 2001 etc. This paper deals with the effect and limitation of compulsory insurance, the present condition of the marine insurance market, and the relationship between direct action and P&I club’s ‘pay to be paid’ rule, focusing on the provisions of CLC. Beyond maritime liability, given the common trend to assure the liability fulfillment through compulsory insurance and direct action in international and domestic environmental liability laws, this article on the two features in especially CLC will be helpful to interpret and apply the related provisions in other environmental liability laws.