2005년 법무부 商法 海商編 改正案에 대한 고찰

Abstract

【Abstract】 Comments on the proposed revision of Maritime Law section of Korean Commercial Code by the Korean Ministry of Justice In Hyeon Kim Korean government proposed a revision of the maritime section of Commercial Code in November, 2005. The proposed maritime section aims at modernizing and easy reading. And thus it newly includes several provisions on multimodal transportation, electronic documents and seaway bill. Voyage charter party became to be separated from the common carriage. However, the proposal can be criticised because it inserts several provisions to put the carrier or ship owner to the disadvantageous position. Allowing a kind of maritime lien to the claimant for the cargo damage under the operation of the bareboat charter party is one of good example. The writer compares the current articles of the maritime section of KCC with the newly proposed articles and express his opinion on the several issues.