• Korea Petroleum Association Journal
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• no.12 s.202
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• pp.18-24
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• 1997

• The Journal of Fisheries Business Administration
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• v.42 no.1
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• pp.19-35
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• 2011

This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.1 s.22
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• pp.61-70
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• 2005

The most likely influenced by the oil pollution at the sea is the fisheries industry, because if the destruction if the marine ecological system The rate if compensation for damage from IOPC Fund due to the incident if oil pollution is more or less $20\%$, which is remarkably lower than those cf our adjacent nations or European nations. The reason such a low rate cf compensation is that it is not easy to take evidences if changed caused by oil pollution requested by IOPC Fund due to the environments if our fisheries. Therefore unless the environments if our fisheries is changed completely, it is very difficult to get actual compensation for damages under the existing system, considering the results if the oil pollution damage compensation claim cases up to now. In this study tried to identify the actual benefits of 03FC convention that raises the upper limit if the compensation while keeping the criterion for compensation And proposed to supplement the compensation system of damage caused by oil pollution with analyzing the actual status if compensation from. IOPC Fund for the our oil pollution incidents and the judgment if Supreme Court on the case if oil. pollution acident in Keumdong No.5.

• Journal of the Korean Society of Marine Environment & Safety
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• v.15 no.3
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• pp.213-216
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• 2009

Since adopting 1969 CLC and 1971 FC, IMO increased maximum amount of compensation by adopting protocols of 1969 CLC and 1971 FC. Recently IMO adopted 2003 Supplementary Fund by which the compensation limits increased dramatically to 750 million SDR. Korea government has only entered 1992CLC/FC. However, since the Hebei Spirit incident in 2007, there have been strong claims that Korea government should enter 2003 Supplementary Fund. In this article, feasibility study was carried out to help Korea government decide whether or not entering the Convention. The quantitative analysis has been carried out using data of the past oil spill accidents and contribution fee to IOPC Fund and showed that the benefit was much bigger than costs. The qualitative analysis in relation to resources fix compensation to victims, benefits of consignee, and the status of Korea in IMO also showed that Korea should ratify the 2003 SF.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.3
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• pp.177-181
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• 2008

In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.175-179
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• 2006

With the rapid development of oil and chemical industry in the late 20C, massive transportation of oil by oil tanker vessel has grown and it caused the big oil pollution accidents. When oil spill from the oil tanker, damages reach into the astronomical figures in economically and damages affect wide area and many people with break the balance of ecosystem. Recently in Korea, the oil pollution accidents has occurred frequently as growing of oil consumption and it caused large-scale damages to the victim. Oil pollution in Korean offshore takes not only korean fishermen from their life ground and break the ecosystem but it takes too much time and money to recover. To minimize oil pollution damages, it is necessary to make pre-caution effort as a ship owner and relevant government bodies should endeavor to prevent from more damages. But once oil pollution accidents occurs in territorial sea, compensation for victim fishermen is very important. But it is true that compensation is not paid to victim smoothly. So this study aims at the problems of oil pollution compensation to the Korean victim and find the best way to get reasonable compensation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.1
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• pp.57-64
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• 2020

The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• Journal of Environmental Policy
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• v.7 no.3
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• pp.89-120
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• 2008

With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.