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| TITLE | Supreme Court Order 2010Ma222 Decided April 17, 2012[Limitation of Ship Liability] [full Text] |
|---|---|
| Summary | |
| [1] The meaning of ""interested person"" who can file an immediate appeal against the commencement order for procedure for limiting liability (""PLLC order"") under ""the Act on the Procedure for Limiting the Liability of Shipowners, etc."" [2] Where Gap damage control committee under Article 7(1) of ""the Special Act on Assistance to Residents Suffering Damage from the Hebei Spirit Oil Spell Accident and Restoration of the Marine Environment, etc"" filed immediate appeal against the PLLC order, the case holding that it did not constitute an interested person who can file an immediate appeal on the ground that although organized for protection of damaged fishers' rights, it was not assigned with the claim, but delegated with members' power to claim and receive damages from oil pollution accident; and thus it did not acquire legal right, duty or legal burden from this case's PLLC order [3] Whether a barge(neither national nor public) cruised by being towed or pushed by another ship under the former Commercial Act, Part V is subject to shipowners limited liability (affirmative) [4] Whether limited liability can be excluded just because employees of limited liability subject like shipowner acted recklessly(negative) and whether a person with corporate decision-making power in lieu of representative can be deemed as limited liability subject where a limited liability subject is incorporation (affirmative) [5] Whether a petitioner for shipowner's limited liability procedure commencement has the burden of proving non-existence of limited liability exclusion grounds (affirmative)... | |
