선박충돌사고에 따른 어선보험 및 어선원보험의 구상에 관한 실무상 문제점

Abstract

The fishing vessel insurance and fisher insurance are the government-backing Insurances under Act on Accident Compensation Insurance for Fishers and Fishing Vessels to protect fishing vessel owners and fishers who need extra protection. When a collision occurs, the fishing vessel owner is compensated by the fishing vessel insurance and the fisher by the fisher insurance, and the National Federation of Fisheries Cooperatives(“NFFC”) who is entrusted with the operation and management of both insurances makes recourse claim against the counterpart of the collision. In doing so, there arise multiple issues due to unique and different characteristics of fisher insurance and fishing vessel insurance from other insurances. In a recourse claim for the fishing vessel insurance, there are following issues: when the counterpart offsets the NFFC’s recourse claim with its own loss of earning damages, it contradicts with collision liability clause of fishing vessel insurance that does not cover the counterpart’s loss of earning; the proviso of Article 682 ① of the Commercial Act limits the NFFC’s subrogation right due to the assured’s remaining loss or damage which is not covered under fishing vessel insurance; loss of earning damages are excluded from compensation negotiation through the fisheries associations of both countries when there is a collision between Korean fishing vessel and Japanese or Chinese fishing vessel. In a recourse claim for the fisher insurance, there are following issues: standard wage for calculation of the fisher insurance amount differs from the wage for damage claim; statistical wage in damage claim is not sufficient in reflecting fisher’s actual wage; the difference between NFFC’s disability confirming procedure and disability appraisal by court appointed doctors; the priority order of bereaved family compensation under the fisher insurance differs from that of damage claim; ambiguity exists in the order of priority between the recourse claims of the NFFC and the National Health Insurance Service. Even with the abovementioned multiple issues regarding the fishing vessel insurance, the fisher insurance and recourse claim, there have been few discussions and few court precedents. Therefore, there needs to be thorough researches on the abovementioned issues and solutions.