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The Problems and Improvement of Export-base Insurance as Support Methods of Vessel Finance

  • DONG-A LAW REVIEW
  • 2011, (52), pp.713-735
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jeong Sang - Keun 1

1영산대학교

Accredited

ABSTRACT

Korea recorded 1 place from vessels order, 6 place from vessels possession in the world. This record brought us shipping expenses curtailment, improvement of income and expenses, security of transport etc. The competitive power of one country is decided in compliance with the support system which that nation is having. This includes tonnage tax, interest support, export support finances, guarantee of exchange rate fluctuation etc. In the meantime Korea is introducing tonnage tax, ship investment company, various export insurances etc. Korea introduced an export-base insurance in recent which protects financial institution making a loan at the marine transport enterprise. But this is having various weak points. (1) The terminology is not clear. For example “Accomplishment of process shouldn't be negligent” of article 10, section 2 of stipulation should be changed with “must accomplish a process”. (2) When the insurance contract becomes invalid, the whole premium should be paid in some cases. (3) The order of provisions of the insured cooperative duty and obligatory violation was reversed. The legislation order must be exchanged. (4) The terminology of insurance stipulation was incomplete. Concretely the name of stipulation 3rd chapter must be changed from “the unremunerative loss” to “the effect of obligatory violation”. (5) Article 3, Section 1 of stipulation should be changed following article 650 section2 of commercial law.

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