선하증권의 부지문언이 송하인, 수하인, 운송인에게 미치는 영향에 관한 연구

Abstract

When bill of lading is issued for FCL cargo packed and sealed by shipper, carriers inevitably insert expressions such as “Shipper's Load and Count" or “Said to Contain." The legal effect of bill of lading description is known as Prima facie evidence. However it is generally accepted by courts in the U.S.A., the U.K, and Korea, that “Unknown Wording/Clauses" are valid, and therefore if there is any Unknown Wording on the bill of lading, it cannot be conclusive evidence of receipt by the carrier of cargo. Shippers, consignees and/or any endorsee of bills of lading must keep in mind that this view by the courts on Unknown Wording/Clauses can shift liability and responsibility for cargo. Shippers must inspect empty containers when they were delivered to determine if the goods were transported safely, load the goods in the containers, deliver the containers to carriers, and give carriers sufficient notice of the contents of the containers. Consignees also must know that a descriptions of bill of lading containing Unknown Wording/ Clauses are not conclusive evidence for the contents of containers packed and sealed by shipper, because the contents are not visible with when examined externally. However Carriers must do their full endeavor to get most accurate particulars and use unknown wording/clauses or vague expressions on the bills of lading as little as possible.