Decision ID: 001245

In June 2001 the 1971 Fund Administrative Council noted that in May 2001 the Appellate Court had rendered its judgement regarding claims by the Yosu Fishery Co-operative and had overturned the judgement of the Seoul District Court that had awarded compensation for pain and suffering. It was noted that the Appellate Court had taken the view that there should not be a difference in the application of the Conventions among Contracting States, and that in view of this and the special international nature of the 1971 Fund, the Court had held that pollution damage under the Korean Oil Pollution Guarantee Act should include only economic and property damages and that for this reason the Court had held that claims for pain and suffering were not admissible.

Date: 31.05.2001
Category: Pure economic loss (fisheries and mariculture)
Subjects: Loss of income from mariculture due to business interruption as a result of oil pollution, Assessment of quantum