해상물건운송인의 책임

Abstract

【Abstract】 The obligations of the carrier of goods by sea Kim, Jae-Doo Most articles of the Hague-Visby and Hamburg rules have been adapted from the revised Korean Commercial law in 1991. The regulatory focus shifted from shipowner to carrier which is more close to the reality. So, the types of the carriage of goods by sea divided into carriage in a general ship, voyage charter, and time charter. The 1991 revision is welcomed due to the some of the baffling problems, such as maritime cargo carrier’s liability limitation, and the concurrent liabilities between tort and carrier’s liability on contract, are solved. In spite of these revisions, however, there are still some inherent problems in Korean Commercial Law. First, discordance between the two different legal systems (Hague-Visby rule and Korean Commercial Law) regarding maritime cargo carrier’s liability. Second, same regulation covers both of the internal and external transport regulations in Korean Commercial Law. Third, there is no regulation about bulk transportation or multimodal transportation service, so the terms of the contract or maritime practices still affect binding power. In these aspects, Korean Maritime Law is not well covers maritime affairs. Also, still remains lots of systemic or legislative defects. Therefore, academic studies and government legislations are required.