담보범위와 면책사유에 관한 수협 어선보험약관과 1983 협회선박기간약관과의 비교 분석 - 수협 중앙회의 어선보험약관의 개정 방향 제시를 위하여 -

The National Federation of Fisheries Cooperative in Korea has run business of fishery insurance to protect the poorly-equipped fishermen, using the fishery insurance policy. This policy is based on the contents of 1983 Institute Time Clauses-Hulls. However, some provisions on insurance coverage and exclusions need to be revised. Loss caused by damage is one of insurance coverage in the fishery insurance policy. However, this may lead a misunderstanding that this policy indemnifies all damage to ship. This has to be amended. Loss of ship caused by external intrusion needs to be indemnified in the basis contract, not in the special contract. The fishery insurance policy stipulates the warranty of seaworthiness as a condition of acceptance to the offer of contract. However, this is too harsh for small-scale fishermen. This seaworthiness is also one of insurer’s exclusion clauses. However, this may not accord with the principle of English marine insurance contract. According to the principle of English marine insurance, seaworthiness is required in voyage policy. Generally speaking, fishery insurance contract is time policy, not voyage policy. Therefore, the requirement that fishermen should maintain seaworthiness during the policy period in fishery insurance contract needs to revised. A lot of significant changes about warranty have been made in the U.K. by the enactment of 2015 Insurance contract Act. The fishery insurance policy in Korea should reflect this changes. The insurer is liable for not only insurance money but also cost of sue and labor. The contents, which self-pay amount should be deducted and the insurer’s liability for payment is not allowed to exceed the limit of aggregate amount insured, should be revised. Some clauses of exclusions in the policy operate to fisherman’s disadvantage, considering 1983 Institute Time Clauses-Hulls and 1906 Marine Insurance Act in the U.K. This also needs to be amended in order to protect the fishermen. The fishery insurance policy stipulates that the insurer is not liable for loss during the time that the insured does not pay the premium. However, this exclusion does not correspond the Section 650 ② of Korean Commercial Act. In addition, the provision in the policy that the violation of duty of sue and labor is one of insurer’s exclusion does not have legal basis.