국제물류주선인의 법적지위에 관한 연구

Abstract

Freight forwarder, who can provide professional logistic information, is considered an important forwarder because he or she can reduce the cost of logistics. The division between the freight forwarder and ocean carrier is not clear-cut in Korean logistics policy, neither in basic nor in commercial law. Some foreign countries have different legal systems that apply to ocean freight forwarders and non-vessel operating common carriers, whereas Korea does not. The legal status of the freight forwarder must be decided: will a freight forwarder perform shipments or merely intermediate. If the freight forwarder opens the transport documents, he or she is considered a carrier. If the agent does not open the documents, he or she is considered a forwarder. If the agent becomes a forwarder, he or she cannot invoke the carrier’s defenses and limits of liability. If the agent opens the documents in his or her name, the carrier’s defenses and limits of liability can then be invoked.