THE NATURE AND
JUDICIAL REVIEW STANDARDS
OF APPLYING FOR
CONSTITUTION OF A LIMITATION FUND FOR MARITIME CLAIMS
――Korean
SEKWANG Shipping CO. over applying for a constitution of
a limitation fund for maritime claims
The applicant applied to the
court to constitute a limitation fund of maritime claims owing to its ship had suffered
from a serious collision leading to the general average. But the opponent asked
the court to reject the applicant’s application with the following reasons,
firstly the administrative relationship between the applicant and the opponent
was beyond the jurisdiction of Maritime Law; secondly the related fees
generated by clearing the pollutants resulting from collision of ship did not
belong to the statutory limitation claims; thirdly the applicant lose the right
to constitute a limitation fund since that its ship was unseaworthy. However,
the court ruled that it was the applicant’s legal right to constitute a
limitation fund for maritime claims after the serious marine accident that
leaded to the general average, and such right was not restricted by the acts
that administration accounted administrative responsibility of the applicant by
related laws and regulations. Constituting a limitation fund was governed by
civil law while the concerned administrative responsibilities issues were
governed by administrative laws. The civil liability generated by the general
average resulting from ocean pollution by shipped chemicals was not listed as non-limitation
claims in Chinese Maritime Law, and as for whether or not the applicant had the
right to limit its maritime claims liability shall be identified by the court
after the substantive trial. In this case, the applicant was qualified, and the
related credits generated by the general average were not non-limitation claims
specified by law. As a result, applying for constituting a limitation fund was in
conformity with the provisions prescribed by law. Above all, in this case,the court shall rule
to grant constituting a limitation fund by the applicant.