상법상 운송물 처분청구권과 수하인의 발전적 지위 - 국제운송규범과의 비교를 중심으로 -

Abstract

The consignor (in other words, shipper or sender) and holder of the bill of lading is able to ask carrier of stopping the goods in transit, changing a place of delivery or a consignee by his right to dispose of the cargo in carriage of goods. As like the various international legal tools in transportation such as the CMR, Rotterdam rules and Montreal convention, Korean Commercial Code also prescribe this right. This article is about a comparative legal study between international conventions and Korean Law in particular issues about the right to control the shipments. In order to harmonize the Korean Commercial Code with international regulations to avoid any conflicts of Law, this article suggests as follows:First, in the carriage of goods by roads, it is required to clarify whether changing the place of delivery or returning the goods to origin could be works according to article 139. Also, unlike CMR, Korean Law has no restrictions in exercising the right of disposal considering the possibility, carrier's normal practice. Those needs to be clear. Second, in sea transport, Korean Law needs more specific and detailed division according to the types of bill of lading. Lastly, in air transport, an issue of when the shipper's right will be ceased to exist needs more discussion. Unlike Korean law, the Montreal includes a right of returning goods to origin after arrival, thus shipper's right is still working at destination. Thus, it should be considered the revision pursuant to its model tool, the Montreal convention.