세월호 사건에서 해상여객운송인의 여객에 대한 손해배상책임

Sewol ferry disaster occurred in 2014 caused the nation to suffer greatly from shock. The lesson we need to learn from this sadness and pain will be to establish a recurrence prevention plan that ensures that similar large-scale accidents will never happen again. In addition, we believe that in cases where preventive efforts can be made by the human forces, it is a reasonable and sufficient compensation system for the victims, with reasonable measures to minimize the harm that can be inflicted on the victims. The study focused on liability for damages of passenger carrier at sea, who are the most important principals of liability. it follows. Liability limit system, Exclusion of liability limit, protection and liability insurance, and 2002 Protocol to the Athens Convention. As a result, I found out the following facts. That is, the compensation for damages caused by the breach of duty of passenger carrier at sea is insufficient compared to the international treaty. And there is the problem that the victim is unable to exercise direct claims against the insurer. From this fact, the following conclusions were drawn : First of all, there is only a gross limitation of liability regime, without introducing limitation of liability per passenger in commercial law. As a result, the victim's actual compensation depends on the number of victims. In order to solve this problem, we need to introduce a system of limitation of liability per passenger to our commercial law. Second, Commercial Act stipulated that A limit on the liability with respect to a claim for the loss incurred due to a death of a passenger or a bodily injury shall be the amount obtained by multiplying the passenger capacity entered in a ship inspection certificate of the ship by 175,000 SDR. However, because this amount is significantly inadequate, The 2002 Protocol to the Athens Convention raised the limitation to 400,000 SDR. In order to enhance the limitation to compensate for the damage caused by passenger carrier at sea in consideration of these international reality, it is necessary to raise the limitation of the responsible quota, such as the 2002 Protocol to Athens Convention. Third, It is necessary to introduce a strict liability system to the extent that a certain amount of money is imposed, such as the revision protocol of the 2002 Athens Convention. And as this amount of money, I think it is reasonable that compulsory liability insurance should be adopted. Finally, Cheonghaejin Shipping signed P&I Insurance for the Sewol ferry, and the victims should be compensated for through this insurance. However, the victims could not directly claim the insurer, according to the Ship owner's liability clause of P&I insurance contract. In order to solve these problems, it will be necessary to enforce P&I insurance contract for the passenger carrier at sea and improve the Ship owner's liability clause so the victims can claim themselves directly to the insurer.