해상사기의 서류사기와 무역보험법상의 쟁점

The definition of maritime fraud is not yet clearly established. Many scholars, however, have tried to define maritime fraud, and most scholars agreed on the view that "Maritime Fraud is to gain profit or other benefits through fraud." In addition, since the maritime fraud has international character, it can be summed up that the parties of international transactions make a profit from fraud. With regard to the characteristics of maritime fraud, maritime fraud usually takes place through international transactions, for economic purposes, and has nonviolent characteristics. Also, maritime fraud can be classified as document fraud, charter fraud and suspicious sinking. Document fraud accounts for the largest proportion of maritime fraud. Such document fraud has led to distrust of international trade contracts, and in practice, various measures have been discussed to ensure the risk of international transactions. Thus, the trade insurance has been emerged to solve these above problems. In addition, the Trade Insurance Act was enacted to efficiently operate a trade insurance to ensure the risks arising in relation to international transactions. In this paper, I explain the detailed concept and type of document fraud through specific foreign case studies, and discuss the concept and operation of trade insurance to defense for document fraud, risk management of trade payment through trade insurance, and finally whether we can protect importers who have been subjected to document fraud through trade insurance.