韩中货物多式联运法律体系中存在的问题及相关对策研究

Abstract

The development of multimodal transport of goods has become a vital basis for measuring the modernization of a country's transportation system to a certain extent. Since the establishment of diplomatic relations between Korea and China, the cooperation between the two countries in the field of trade and economy has been deepening. Even with the COVID-19 global pandemic and the general economic slowdown, the total trade volume between the two countries still managed to grow slightly. Therefore, With the signing of the "Korea-China Free Trade Agreement" and the good vision of the "One Belt，One Road" and the "New Northern Economic Policy", the development of the multimodal transport of goods may enter a "dividend period" in terms of policy. In practice, Korea and China have never stopped exploring how to better develop multimodal transport of goods. Especially after the Suez Canal grounding incident, how to make good use of the New Asia-Europe Continental Bridge Economic Corridor to better develop multimodal transport of goods and develop a new channel connecting Central Asia and European countries has become one of the important issues for both countries. This paper aims to find out the corresponding countermeasures for the problems existing in the multimodal transport Legislation system between Korea and China, and formulate specific improvement plans. Therefore, in the second chapter, the author gives an overview of the problems existing in the multimodal transport Legislation systems of the two countries. Through the method of comparative study, nine legal issues are summed up, which are roughly divided into three categories: “The common and separate problems of Korea legal system and Chinese legal system”. Among them, some problems are institutional omissions or their own irrationalities. The absence of the carrier's limitation of liability system in some sections of transportation in Korea and China's legislation, or the confusion of the statute of limitations system of multimodal transport of goods in both countries, etc. Some of them are system problems. For example, Korea's classification of modes of transportation is not very detailed; the absence of separate legislation on multimodal transport of goods in the two countries. If the above problems cannot be solved, the soft environment for the sound development of multimodal transport of goods between the two countries will be difficult to create. Therefore, the third chapter of this paper follows the classification and sequencing of the legal issues of multimodal transport of goods between Korea and China in the second chapter. It analyzes the related problems one by one, and tries to explore the corresponding countermeasures by combining with the international advanced legislation examples, and formulates the improvement scheme which is considered to be relatively safe. For example, referring to the Rotterdam Rules 2008, the system of "performing party" is adopted, so as to fill the legal gap of multimodal transport of goods at the junction of two transport sections. By properly adjusting the applicable standards of "network liability system", the chaotic statute of limitations system of multimodal transport of goods in both countries will be unified. In fact, the relevant systems of multimodal transport of goods are accompanied by different ideas in different periods, and may always coexist with disputes. The proposed suggestions are still immature and need to be improved in future research. Finally, in view of the lack of domestic laws to specifically regulate multimodal transport of goods in Korea and China, the legislation of each single mode of transport is difficult to meet the actual needs of the development of multimodal transport of goods. In the last section of the third chapter, the author refers to the relevant contents of the ASEAN Framework Agreement on Multimodal Transport and combines the beneficial experience of Korea China Free Trade Agreement to design a more general system for the "Korea-China Multimodal Transport of goods Agreement ". It is expected that the two governments will cooperate closely in the future and sign the agreement, which will provide a clear direction for separate legislation on multimodal transport of goods in their respective regions.