미국협회선박건조보험약관에 관한 법해석론적 고찰 - 제1부 선체보험부문을 중심으로 -

Shipbuilding insurance is an insurance that covers marine risks and inland risks to which a ship in course of building is exposed. A ship in course of building is exposed to various risks, but among these, it is primarily exposed to risks such as fire, explosion, and capsizing. Particularly during launching and trial trips, it is also exposed to risks such as sinking, stranding, and collision. Therefore, shipbuilding insurance is a so-called All Risks Insurance that covers all risks, both marine and inland. The shipbuilding contract concluded between the builder and the buyer is a kind of contract for completion. However, the builder must bear the damages incurred due to various risks until the ship is completed and delivered to the buyer. Therefore, shipbuilding insurance primarily aims to provide indemnity for damages incurred to the shipbuilder. Consequently, shipbuilding insurance can be said to mainly cover the shipbuilder's insurable interest. The clauses mostly used in Korea when underwriting shipbuilding insurance include the Institute Clauses for Builders’ Risks established by the International Underwriting Association of London(IUA), the American Institute Builder’s Risk Clauses established by the American Institute of Marine Underwriters (AIMU), and the Standard Clauses for Builders’ Risks established by the Korea Shipping Association. The Institute Clauses for Builders’ Risks are widely used across the globe, and in Korea, most ships ordered for export are insured under these terms at the buyer’s request. The American Institute Builder’s Risk Clauses are often used for vessels ordered by U.S.-based shipowners. The Standard Clauses for Builder’s Risks, written in Korean, are used for building domestic vessels registered in Korea at the buyer’s request. Meanwhile, in recent years, interest in the U.S. shipbuilding industry has increased with the advancement of the MASGA(Make American Shipbuilding Great Again) project, a shipbuilding cooperation initiative between Korea and the United States. In the context of U.S. shipbuilding, regarding shipbuilding insurance, the American Institute Builder’s Risk Clauses, written by AIMU, are currently the most widely used as standard or basic clauses for Shipbuilding Insurance. At this point, review of the American Institute Builder’s Risk Clauses on the legal interpretation is both highly important and timely. Therefore, this paper examine the key provisions of Part I - Hull Section of the American Institute Builder’s Risk Clauses from a legal interpretation perspective.