공동해손의 구조보수 문제에 관한 고찰 = A Study on the Problems of Salvage Award in General Average

다국어 초록 (Multilingual Abstract)

Expenditure incurred by the parties to the adventure in the nature of salvage, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were carried out for the purpose of preserving from peril the property involved in the common maritime adventure.
Expenditure allowed in general average shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment such as is referred to in Article 13 paragraph (b) of the International convention on Salvage. 1989 have been taken into account.
Special compensation payable to a salvor by the shipowner under Article 14 of the said Convention to the extent specified in paragraph 4 of that Article or under any other provision similar in substance shall not be allowed in general average.
When any party to the common maritime adventure makes a separate and independent settlement with the salvors prior to the arbitration proceedings, or makes a separate and independent appeal against the award of the original arbitrator, hen the community of interest between the parties to the adventure which prevailed at the time of the salvage services has been utterly broken and cast aside, and the separate payments in respect of Ship and Cargo etc. have no place in general average.
In such circumstances the differing salvage awards and separate legal costs should be allowed to lie just where they fall, and be treated as a special or particular charge on the
individuals properties saved to which they relate. This would serve to preserve to the parties the individual benefit-or prejudice-brought about by their separate and differential settlement of the salvage award and legal costs, and could be achieved by a slight amendment to Rule VI.
Nevertheless, at the subsequent revision of the Rules there was only very limited support in favour of altering the 1990 wording in relation to differential salvage and Rule VI was left intact.

목차 (Table of Contents)

• I. 서론
• II. 영국의 구조보수의 개념
• III. 1994년 YAR 제VI조의 구조보수
• IV. 결론
• 참고문헌
• Abstract