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해상보험계약상보험료 미지급과 보험자의 보상책임

  • Journal of Insurance and Finance
  • 2003, 14(1), pp.35-65
  • Publisher : Korea Insurance Research Institute
  • Research Area : Social Science > Business Management

LeeJayBok 1

1목포대학교

Candidate

ABSTRACT

The purpose of the English law and practice clause is to give the court, irrespective of the place of jurisdiction, a guide for interpretation of the cargo clauses attached to the policy. Even under the Korean Commercial Law as well as under the English law the liability of the marine underwriters is subject to the provision applicable of marine insurance clauses By the wording of the ancient Lloyd's S.G. policy the underwriter confessed himself paid, or acknowledged having received, the consideration due to him, though as a matter of fact the premium, unless the circumstances were exceptional, was by custom never actually paid when the policy was issued, but at some subsequent date. By the opening words of the new MAR form of policy the insurers agrees to fulfil their obligations under the contract of insurance " in consideration of the payment to us by or on behalf of the Assured of the premium." In contracts of marine insurance this consideration is the payment of a sum, called the "premium", to the underwriter who thereupon promises to indemnify the assured against loss by the perils insured against. The Korean customary form of debit note in respect of the premium states that payment is to be made on or before the 5th of the month following the effecting of the insurance. Due to the 5 days grace periods, the underwriters are liable for the loss without the payment of the premium by the Assured. The 5 days grace periods printed on the invoice and the relevant article 141 of the supervisory regulations of insurance business should be deleted.

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