국제법상 난민처리와 P&I 보험에서의 난민비용 보상문제

This paper aims to raise the problem of the weakening of the obligation to provide relief that may occur due to non-compensation for the resulting loss due to refugee rescue under P&I insurance and to suggest improvement measures. To this end, the definition of refugee stipulated in international conventions and the obligation to rescue survivors at sea were reviewed, and P&I rules and refugee recognition application procedures of each major country were reviewed. The Protection and Indemnity(P&I) rules do not define refugees. However, the scope of ‘refugee’ in international conventions is very narrow, and there are many different types of survivors encountered at sea. Therefore, the definition of refugee in the P&I rules should be interpreted broadly. However, if a person in distress at sea is identified, the captain has a duty to use reasonable care to rescue refugees, but there are no clear rule or guideline on disembarking the persons saved at sea. If the port state refuses to disembark the persons saved at sea, the ship will have to wait for an available berth to delivery and there is a possibility of inflicting huge economic losses. Moreover, even if the ship does not rescue refugees, there is no disadvantage, so the obligation to rescue is further weakened. Therefore, if economic compensation is not provided for the shipowner's various losses that occur when rescuing refugees, it is highly likely that the rescue of refugees, which is a duty stipulated in international conventions for the safety of life and humanitarian purposes, will not be properly implemented. In conclusion, it is necessary to discuss ways to revitalize the rescue of the survivors and compensate for the economic losses of the shipowners.