Decision ID: 001563

In May 2004 the 1971 Fund Administrative Council noted that 36 village fishery associations appealed to the Supreme Court against the decision of the Appellate Court to refuse compensation for pain and suffering. The Council noted that in its judgement in April 2004 the Supreme Court had decided that, as a matter of Korean law, oil pollution damage under the 1969 Civil Liability and 1971 Fund Conventions should be interpreted as including pain and suffering but that in the present case the claims for compensation could not be accepted on the grounds that the claimants were not natural persons but fishery associations. It was noted that as a result of the judgement the Fund would be able to recover its deposit from the Court (£740,000).

Date: 30.04.2004
Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Loss of income from fishing due to contamination of fishing grounds or imposition of fishing bans, Specific claims considered by the governing bodies