해상여객운송에 관한 연구
A Study on the Carriage of Passenger by Sea
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The article 817 to 826 of the Korean Commercial Code(KCC) regulate the carriage of passenger by sea. That articles has less amended since 1962 when KCC is first established. In my opinion, the current KCC is inadequate to modern carriage of passenger by sea, so it should be amended. Athens Convention relating to the Carriage of Passengers and their Luggage by Sea establishes a regime of liability for damage suffered by passengers carried on a seagoing vessel. In this Convention, the carrier shall be liable for the loss suffered as a result of the death of or personal injury to a passenger if the incident which caused by a shipping incident, unless the carrier proves that the incident result from an act of war, etc. or was wholly caused by a third party. And any carrier shall maintain insurance to cover liability under this Convention in respect of the death of and personal injury to passengers. I suggest the KCC should amended to reflect this Convention for global standard and adequate to modern carriage of passenger by sea.
Abstract
The article 817 to 826 of the Korean Commercial Code(KCC) regulate the carriage of passenger by sea. That articles has less amended since 1962 when KCC is first established. In my opinion, the current KCC is inadequate to modern carriage of passenger by sea, so it should be amended. Athens Convention relating to the Carriage of Passengers and their Luggage by Sea establishes a regime of liability for damage suffered by passengers carried on a seagoing vessel. In this Convention, the carrier shall be liable for the loss suffered as a result of the death of or personal injury to a passenger if the incident which caused by a shipping incident, unless the carrier proves that the incident result from an act of war, etc. or was wholly caused by a third party. And any carrier shall maintain insurance to cover liability under this Convention in respect of the death of and personal injury to passengers. I suggest the KCC should amended to reflect this Convention for global standard and adequate to modern carriage of passenger by sea.
참고문헌 (10)
- 김인현, "해상법" (2011), 법문사
- 정찬형, "상법강의(상)(제16판)" (2013), 박영사
- 정찬형, "상법강의(하)(제15판)" (2013), 박영사
- 채이식, "商法 IV - 保險法․海上法 -" (2001), 博英社
- 최종현, "海商法詳論" (2009), 박영사
- 김인현, "海上 旅客 및 手荷物 運送에 관한 2002년 改正아테네協約", 상사법연구, 22(1), pp.525~548 (2003), 한국상사법학회
- 박영준, "해상여객운송에서의 강제책임보험제도 도입에 관한 법적 고찰", 경영법률, 17(1), pp.539~559 (2006), 한국경영법률학회
- 채이식, "국제여객운송협약(아테네 협약)의 2002년 개정의정서에 관한 고찰 - 그 성립 배경과 주요 내용을 중심으로 -", 한국해법학회지, 25(1), pp.31~56 (2003), 한국해법학회
- Nicholas Legh-Jones, "Mac-Gillivray On Insurance Law" (1997), Sweet & Maxwell
- Patrick Griggs, "Limitation of Liability for Maritime Claims" (2005), Lloyd's of London Press