A Study on the Criteria of the Compulsory Insurances related to Sea & Water on 「Framework Act on the Management of Disasters and Safety」

On June 9, 2020, the Ministry of the Interior and Safety promulgated a revision of “Framework Act on the Management of Disasters and Safety”(hereinafter “Disaster and Safety Act”), which strengthens the comprehensive management function of disaster safety obligation insurance policies operated by 22 ministries. This law establishes seven standards to be put in place by each statute for the administration and operation of mandatory insurance, which is compulsory under 45 different laws. If the standard is not met, the Ministry of the Interior and Safety may recommend the head of the central administrative agency in charge of the mandatory insurance to revise the relevant laws. This paper compares and reviews the actual conditions of mandatory insurances under eight laws related to water and sea mentioned on the “Disaster and Safety Act”. When the Ministry of the Interior and Safety recommends revisions to the head of the central administrative agencies under the Act, it is necessary to reflect the followings in consideration of the internationality and uniqueness of ships. First, it is necessary to apply the limits of liability stipulated in the “Commercial Act” and relevant “International Maritime Conventions” to the limit of compensation, and to present the limits of compensation for property damage caused by accidents at sea. Second, the incentives for compulsory insurance and the administrative sanctions applied for non-insurance should have fairness among 8 laws and require consistent application of sanction types. Third, it is necessary to revise the laws so that domestic victims' right to claim directly against foreign insurers is valid even if there are foreign elements. Fourth, when considering the intent of “Disaster and Safety Act”, it should add other water and sea-related laws that accept compulsory insurance. Finally, considering the characteristics and internationality of ships and ocean, the Ministry of Oceans and Fisheries shall conduct integrated management of the mandatory insurances related to water and sea in accordance with tentatively named ‘Guidelines for Operation and Management of Water and Marine Safety mandatory insurance’ under the “Disaster and Safety Act”. The guidelines should include criterions for approval and management for foreign insurers who are undertaking foreign vessels that entered into Korean ports.