P&I 보험의 현황과 개선방안에 관한 고찰 = A Study on Present Status and Improvement Plans of P&I Insurance

다국어 초록 (Multilingual Abstract)

It is to say that in recent years there has been a certain amount of primary, as opposed to reinsurance or excess, P&I insurance is not popular with the traditional market. However, primary P&I insurance is not popular with the traditional market and has consequently never been successfully written. This attitude is borne out by the fact that some 90 per cent of the world’s gross registered tonnage obtains its P&I insurance cover through entry into one of the traditional P&I Clubs that make up the international group of P&I Clubs.
It may be possible to explain the reluctance on the part of the traditional market underwriters to accept P&I risks by explaining that the traditional marine market operates a system of “fixed” or “once and for all” premiums, a system that is not ideally suited to the vagaries of P&I business.
Under the scheme where single premiums are charged by underwriters, the underwriters themselves tend to err on the side of caution by setting premiums which may be unattractive, or alternatively, where the premium may be set at too low a rate, one catastrophic claims can lead to serious losses for the underwriter. Under this system of fixed premiums, underwriters are unable to go back to their assured and ask for more premium when claims are excessive.
To overcome this very unpredictable situation for third-party liabilities the mutual clubs do have the possibility of setting how things develop and as necessary, should the catastrophe happen, spread the cost of that large claim throughout the memberships of the club by means of imposing supplementary calls.
The second aspect which proves unattractive to the traditional market underwriters is their reluctance to become involved in long-drawn-out negotiations on claims that quite regularly lead to litigation. In the P&I Clubs the claims handling services of the clubs are a vital element in the service and coverage that they provide. Not only is this claims handling service a great attraction to the individual member who has an outstanding claim against him, but is a great beneficial service to the whole of the membership of the club as it contributes to reducing the size and number of claims that may be made on the club and can in turn lead to levels of calls being kept to a minimum.
A third aspect of this situation is that the traditional marine market underwriters prefer to know as soon as conceivably possible the extent of Claims so that they can assess losses or indeed profits. However, this situation does not prevail in P&I insurance as inevitably the making of claims, the subsequent negotiation and possible settlement can take a considerable period of time and it is not unusual for a club to have wait three, four, five or more years before being in a position to say whether any individual club year has been successful or otherwise.
The purpose of this study aims to analyse the present status and improvement plans of P&I insurance.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. P&I 보험의 이론적 고찰
• Ⅲ. P&I Club의 개요와 유류오염 보험담보
• Ⅳ. P&I 보험의 현황과 개선방안
• Ⅴ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

1 이영호, "해양오염사고 대비․대응을 위한 해양환경관리법의 개선방안" 한국해사법학회 20 (20): 1-32, 2008

2 김정수, "해상보험론-이론과 실제-(제3판)" 박영사 2003

3 박명섭, "해상보험" 우용출판사 2008

4 최미수, "유류오염시 운송인과 화주의 손해배상책임에 관한 연구" 한국국제상학회 23 (23): 71-85, 2008

5 최종현, "유류오염손해배상보장법의 개정방향" 한국해법학회 28 (28): 113-136, 2006

6 윤효영, "유류오염 손해배상책임에 관한 연구-그 성립과 범위를 중심으로-" 고려대학교대학원 2002

7 목진용, "우리나라 유류오염손해배상제도 개선에 관한 고찰" 한국해사법학회 20 (20): 187-216, 2008

8 김재호, "선박에 의한 유탁사고의 피해보상제도에 관한 연구" 한국외국어대학교 무역대학원 1998

9 김명기, "국제법원론(상)" 박영사 1996

10 박범식, "국제 P&I Club의 최근 경영 추이 분석과 Korea P&I Club의 발전 방향에 관한 연구" 한국해운물류학회 (57) : 77-106, 2008

11 백정희, "개정 유배법 발효에 다른 연안유조선 유류오염손해배상제도에 관한 연구" 한국외국어대학교 1998

12 齊藤和夫, "責任(P&I)保險の保險金額, その一形相" (551) : 80-85, 1995

13 龜井利明, "英國の保險事業" 法律文化社 1966

14 今泉敬忠, "日本船主責任相互保險組合の新定款および保險契約規定の解說(Ⅱ)" 57 (57): 54-57, 1996

15 池山明義, "UNCITRAL 物品運送條約案 試譯(下)" (201) : 27-30, 2008

16 Coghlin, T. G, "The P & I clubs limit exposure to catastrophe calls and claims" 282-286, 1996

17 Bennett, H, "The Law of Marine Insurance, 2nd ed" Oxford University Press Ltd 2006

18 伊藤正敏, "P&I保險の現狀(中)" 132-133, 2008

19 伊藤正敏, "P&I保險の現狀(上)" 22-24, 2007

20 신건훈, "P&I 보험의 담보범위에 관한 연구" 성균관대학교대학원 1996

21 김만규, "P&I 보험시장의 전망과 현황"

22 Hazelwood, S. J, "P&I Clubs-Law and Practice, 3rd ed" Lloyd’s of London Press Ltd 2000

23 齊藤和夫, "OPA 90-CorfsとP&I クラブ-1990年P合衆國油濁法と國際グループ P&1クラブ-" (552) : 76-94, 1996

24 Gaskell, N, "New Limitation for Passengers and Others in the United Kingdom"

25 Griggs, P, "Limitation of Liability for Maritime Claims, 2nd ed" Lloyd’s of London Press Ltd 1991

26 Dorfman, M.S, "Introduction to Risk Management and Insurance, 6th ed" Prentice Hall, Inc 1998

27 Hill, J, "Introduction to P&I, 2nd ed" Lloyd’s of London Press Ltd 1996

28 "International Oil Pollution Compensation Funds"

29 Vaughan, E. J, "Essentials of Insurance: A Risk Management Perspective" John Wiley & Sons Inc 1995

30 Shoenbaum, T, "Admiralty and Maritime Law, 4th ed" West Publishing Inc 2004