Decision ID: 003513

In June 2008 the 1992 Fund Executive Commmittee noted that three fishermen and two owners of raw-fish restaurants had filed an application for an injunction with the Seoul Central District Court aimed at preventing the experts appointed by the 1992 Fund and the shipowner’s insurer from carrying out the assessment of damages arising from the Hebei Spirit incident on the grounds that they were not qualified under Korean law to carry out such work. It was noted that in April 2008 the District Court had dismissed the application for the injunction, because in the Court’s opinion the rights of the claimants would not be affected by the assessment work carried out by these experts. The Committee also noted the Court’s statement that these experts under the Korean Oil Pollution Damage Compensation Guarantee Act were considered as eligible experts and therefore authorised to carry out investigation and assessment of damage arising from oil pollution incidents. It was noted that the claimants had appealed against the decision.

Date: 31.05.2008
Category: Legal actions
Subject: Court decisions concerning use of experts and surveyors