항만의 임대차계약 개선방안에 관한 연구

Abstract

The most important contract in line with port operation, and governance between Port Authority(PA) and TOC (Terminal Operation Company) is a Lease Contract (LC). In this respect, the aim of this research is to analyze effective management strategies on port's LC. As research methodology, the in-depth interviews were proceeded with experts who work in Busan Port Authority(BPA), Incheon Port Authority(IPA), and the Korea Maritime and Port Administration. In this procedure, several LC's drawbacks were obtained. The improvement strategies were suggested based on cross-check results which came from analyzing the inspection reports of Ministry of Land, Transport and Maritime Affairs, and supreme court judgments. The research results are as follows: firstly, for efficient lease facilities' management, it is needed to decide the principal agent regarding maintaining and repairing the facilities, and furthermore it is necessary to take an insurance policy. Secondly, before the expiration of lease term, it is needed to fix the period of consultation for renewal of a contract. Regarding the termination of a contract, the clauses such as leaser's right to terminate a contract, and the prior notice are required. Thirdly, to guarantee the collection for the rental fee, and the penalty for breach of contract, the performance guarantee insurance policy is required.